Crl.Misc.No.M- 22436 of 2011 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Crl.Misc.No.M- 22436 of 2011 (O&M) Date of decision: 27.7.2011 Madhu Goyal ......Petitioner Versus Chaman Lal .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Roopam Bansal, Advocate, for the petitioner. **** SABINA, J. Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing complaint No. 136 of 2010 dated 7.1.2010 (Annexure P-1), under Section 138 of the Negotiable Instruments Act, 1881 (for short- “ the Act”) and summoning order dated 11.1.2010 (Annexure P-2) and all subsequent proceedings arising therefrom. The petitioner has filed a complaint under Section 138 of the Act, alleging therein that cheque bearing No.605278 dated 6.10.2009 was handed over to the respondent by the petitioner qua payment of rent in the month of October, 2009. However, when the cheque was presented for encashment, the same was dishonoured Crl.Misc.No.M- 22436 of 2011 (O&M) 2 with the report “insufficient funds”. Hence, the complaint was filed. Learned counsel for the petitioner has submitted that the petitioner was ready to make the payment qua the cheque amount. The petitioner was regularly paying rent to the respondent. Hence, the complaint in question was liable to be quashed. After hearing learned counsel for the petitioner, I am of the opinion that the present petition deserves to be dismissed. The trial Court passed the summoning order after recording preliminary evidence led by the respondent. Thereafter, notice of accusation was served on the petitioner. An application was moved by the petitioner for a direction to the respondent to accept the cheque amount (Annexure P-3). However, admittedly, the said application was got dismissed as withdrawn by the petitioner. In these circumstances, it cannot be said that the petitioner was ready to pay the cheque amount in question. Hence, no ground for interference by this Court is made out. Accordingly, this petition is dismissed. (SABINA) JUDGE July 27, 2011 anita