Criminal Misc. No. M-38808 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh Criminal Misc. No. M-38808 of 2011 Date of Decision: 22.12.2011 M/s Shorewala Global Industries Pvt. Ltd. snd Others ... Petitioners Versus M/s Vallabh Textile Com. Ltd. ... Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Ajay Sharma and Ms. Poonam Law, Advocates for the petitioners. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. praying that Complaint No. CRL-725 dated 3.10.2011 titled as “M/s Vallabh Textiles Company Ltd. v. M/s Shorewala Global Industries Pvt. Ltd. & Others”, under Section 138 of the Negotiable Instruments Act, 1881 (Annexure P1) along with the summoning order dated 3.10.2011 (Annexure P2) be quashed. It is stated that the cheques, issued by the petitioners, had bounced and after the receipt of legal notice on 7.9.2011, the entire amount of cheques was paid on 13.10.2011 by transferring the amount in the account of the respondent. Rely upon C.C. Alavi Haji v. Palapetty Muhammed 2007(6) Supreme Court Cases 555 to submit that even after the receipt of summons from the Court if the payment of cheque is made within 15 days thereof, then the Criminal Misc. No. M-38808 of 2011 2 accused cannot be prosecuted. Further rely upon Damodar S. Prabhu v. Sayed Babalal H. 2010(2) Recent Criminal Reports 851 to say that even for a delay, the petitioners are ready and willing to pay the costs within the parameters laid down in the said case. The statement of fact made by the petitioner is required to be examined. Therefore, the present petition is disposed of by directing the trial Court that in case an application to this effect is filed, after hearing other side, it shall determine the fact as to whether the amount of cheques has been paid or not. The needful be done within one month from the date of filing of application by the petitioner. (Kanwaljit Singh Ahluwalia) Judge December 22, 2011 “DK”