Crl.Misc.No.M-4282 of 2008 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-4282 of 2008. Decided on: March 17, 2010. Satinder Sachdeva .. Petitioner VERSUS M/s Suraj Tractors .. Respondent * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI * * * PRESENT Mr.Parminder Singh, Advocate, the petitioner. M.M.S. BEDI, J. (ORAL) Petitioner is facing proceedings under Section 138 of the Negotiable Instruments Act (for short 'The Act') initiated by the complainant. It appears that defence of the petitioner is that he has already settled the account with the complainant and that a sum of Rs.2760/- only is due to be paid by the petitioner to the respondent- complainant. Counsel claims that the details of the accounts were mentioned in the reply to the notice under Section 138 of the Act, by the petitioner. He has further argued that complainant had concealed the said reply and taken up a vague plea in the complaint that a fake reply to the notice was sent by the petitioner to the complainant. . . . 1 Crl.Misc.No.M-4282 of 2008 After hearing counsel for the petitioner, it appears that petitioner has got a strong defence on the basis of account books and other documents that the amount of the cheque has already been paid. This disputed question of fact cannot be appreciated in the exercise of jurisdiction under Section 482 Cr.P.C. The petition is disposed of with a direction that the proceedings in the complaint will be completed within a period of nine months after the receipt of a copy of this order. All the pleas of defence taken by the petitioner will be available to him to be raised at opportune time in the complaint. It is further observed that in case any application for exemption from personal appearance is filed by the petitioner, it may be allowed by the trial Court by imposing any such conditions which would not delay the proceedings. The petitioner will be required to put in appearance before the Court as and when desired by the trial Court. Disposed of. (M.M.S.BEDI) JUDGE March 17, 2010. rka . . . 2