Cr. MMO No. 126 of 2009 02.12.2009 Present:- Mr. Vijay Verma, counsel for the petitioners. Mr. A.K. Bansal, Addl. A.G. with Mr. R.P.Singh, Asstt. A.G. for respondent No.1. This is a petition under Section 482 Cr.P.C. for quashing order dated 26.2.2009 Annexure P-1 vide which the process was issued to the petitioners under Section 138 of the Negotiable Instruments Act by the learned Chief Judicial Magistrate, Sirmaur District at Nahan. The learned counsel for the petitioners has submitted that it has been admitted by Mr. Arpan Attray, in Annexure P-5 dated 1.11.2008 that the entire amount of Rs. 5,00,000/- has been paid by the petitioners and, therefore, the learned Chief Judicial Magistrate has erred in issuing process to the petitioners. It has also been submitted by the learned counsel for the petitioners that with respect to same offence earlier an FIR was registered at Police Station, Zirakpur and that FIR is still under investigation. I have gone through the complaint and have also perused the record. The respondents before filing the complaint had issued notice dated 26.11.2008 and in paragraph 6 of the notice specific reference of Rs.5,00,000/- has been given. In para 7 of the complaint the circumstances leading to swearing of affidavit have been stated. In Ex.C-1 affidavit in para 8, it has been specifically stated that accused - 2 - have not paid the amount of bounced cheque. This prima facie negates the contention of learned counsel for the petitioner that affidavit dated 1.11.2008 establishes that payment of the bounced cheque has been made. The learned Chief Judicial Magistrate has ordered issuing of process and at the time of issuing process only complaint and the material placed on record by the complainant is to be seen by the Court. The implication of FIR allegedly registered at Police Station, Zirakpur can be considered by the Court below at appropriate stage of the case, if proved on record in accordance with law. The learned counsel for the petitioners has failed to point error of jurisdiction committed by learned Chief Judicial Magistrate while issuing process to the petitioners under Section 138 of the Negotiable Instruments Act, nor it has been established that there is no material on record for summoning petitioners under Section 138 of the Negotiable Instruments Act. The petitioners are within their right to submit to the learned Chief Judicial Magistrate at the time of accusation that no case is made out against them on the basis of material on record. There is no merit in the petition which is accordingly dismissed. Cr.M.P. Nos. 630 and 631 of 2009 Infructuous. December 2, 2009. ( Kuldip Singh ) (GR) Judge.