Crl. Revision No. 1278 of 2002 (O&M) -1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Revision No. 1278 of 2002 (O&M) Date of Decision: 07.9.2011. Shivinder Singh ........Petitioner Vs. Hari Singh ......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. Surinder Garg Narwana, Advocate for the petitioner. Mr. C.L.Sharma, Advocate for the respondent. ..... SABINA, J. Petitioner has filed this petition under Section 397 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) challenging the order dated 21.5.2002. The case of the complainant in brief is that the Gram Panchayat of village Kothi had auctioned Khair and other trees standing over the Panchayat land on 24.12.2000. The trees were purchased by Jaspal Singh for an amount of ` 13,65,000/-. Thereafter, the purchaser transferred the transaction in favour of the petitioner. The petitioner deposited ` 3,41,250/- with the Gram Panchayat towards part payment. However, the petitioner had failed to deposit the remaining sale consideration. The petitioner, thereafter, issued the cheque in question dated 05.4.2000 in the name of the complainant for a sum of Crl. Revision No. 1278 of 2002 (O&M) -2 - ` 10,23,750/-. However, when the cheque was presented for encashment, the same was dishonoured by the bank with the report “insufficient funds”. Hence, the complaint under Section 138 of the Negotiable Instruments Act, 1881 ('Act' for short) was filed by the complainant. Learned counsel for the petitioner has submitted that the cheque in question had been issued towards security and hence, the proceedings under Section 138 of the Act were liable to be quashed. Learned counsel for the respondent, on the other hand, has submitted that the cheque in question had been issued by the petitioner towards discharge of his liability qua payment of balance sale consideration relating to purchase of trees. Since the cheque in question had been dishonoured, the criminal proceedings initiated against the petitioner were liable to continue. After hearing the learned counsel for the parties, I am of the opinion that the instant petition deserves dismissal. At this stage, it is not possible for this court to comment as to whether the cheque in question was issued by way of security. The petitioner can take up all the pleas available to him during trial. The complaint in question has been filed by the complainant as the cheque issued by the petitioner in favour of the complainant had been dishonoured by the bank due to insufficient funds. In case any payment has been made by the petitioner to the complainant, the same can be established by him during trial. However, at this stage, no ground for quashing of the complaint is made out. Crl. Revision No. 1278 of 2002 (O&M) -3 - Dismissed. (SABINA) JUDGE September 07, 2011 Gurpreet