Crl.M.No. M-15920/2010(O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.M.No. M-15920/2010(O&M) Date of decision: 26.7.2010. Irshad Malik ....................Petitioner v. Rahul Chaudhary .....................Respondent Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.JS Hooda,Advocate for the petitioner. Jaswant Singh.J.(Oral) This petition under Section 482 Cr.PC is for quashing of the complaint bearing no.10 dated 22.1.2010, under Section 138 of the Negotiable Instruments Act,1881 (for short the Act), titled Rahul Chaudhary v. Irshad Malik, and all subsequent proceedings arising therefrom, including summoning order dated 22.1.2010. Learned counsel submits that the filing of the complaint and summoning order is bad on the ground that the complaint is time barred and the cheque in question was issued as a security. After hearing the learned counsel, I find no ground to interfere in exercise of jurisdiction of this Court under Section 482 Cr.PC. Admittedly, the signatures of the petitioner on cheque are Crl.M.No. M-15920/2010(O&M) 2 not disputed and as such presumption under Section 139 of the Act is that the issuance of cheque in favour of complainant is to be construed towards discharge of debt/liability. The said presumption is rebuttable on consideration of evidence during trial. Therefore, at this stage such a ground cannot be entertained. It is further admitted that the legal notice dated 5.12.2009 was received by the accused petitioner on 11.12.2009 and the complaint was filed on 22.1.2010. Keeping in view the provisions of proviso (c) to Section 138 of the Act read with proviso (b)of Section 142 of the Act, it is evident that the complaint could be filed by 25.1.2010 and therefore, the said complaint was filed within time. For the reasons stated no case for quashing is made out. Dismissed. 26.7.2010 (Jaswant Singh) joshi Judge