Criminal Misc. No. M-17477 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-17477 of 2011 Date of decision : 19.07.2011 M/s Kansal Berring Store, Gaushala Road, Sangrur ....Petitioner V/s Bhinder Singh and another ....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Ajay Pal Singh, Advocate for the petitioner. RAJAN GUPTA J. (ORAL) In the instant petition under section 482 Cr.P.C., the petitioner has sought quashing of complaint under section 138 of the Negotiable Instrument Act (hereinafter referred to as the ‘Act’) and summoning order dated 15.04.2008 (Annexure P-2) pursuant thereto. Learned counsel for the petitioner has argued that cheque was given as a security to the complainant. Thereafter, the entire amount which was subject matter of the cheque was paid by the petitioner to complainant. He, thereafter, preferred the instant complaint under section 138 of the Negotiable Instrument Act. He has, thus, prayed that the complaint as well as summoning order deserves to be quashed. I have heard learned counsel for the petitioner. It appears that petitioner issued a cheque dated 03.02.2008 for a sum of `1,10,000/- drawn on Union Bank of India, Sangrur Branch. The said cheque was presented by the complainant but it was returned with the remarks insufficient funds vide memo dated 18.03.2008. The complainant Criminal Misc. No. M-17477 of 2011 2 thereafter issued notice as envisaged by the Act. On failure of accused (petitioner) to pay the amount, complaint under section 138 of the Act was lodged. The court of Judicial Magistrate Ist Class, Malerkotla, thereafter, passed the impugned order, Annexure P-2 summoning the accused under section 138 of the Act. Learned counsel for the petitioner has not been able to point out any legal infirmity with the impugned order. All the contentions raised before this court are infact matter of evidence which can be examined by the trial court after some evidence is led before it. Accordingly, the present petition is without any merit and is hereby dismissed. July 19, 2011 (RAJAN GUPTA) Ajay JUDGE