Arijit Pasayat, J. - (1.) Leave granted.
(2.) Challenge in this appeal is to the legality of the judgment rendered by a learned Single Judge of the Punjab and Haryana High Court holding that the proceedings initiated on the basis of a complaint alleging infraction of Section 138 of the Negotiable Instrument Act, 1881 (in short the Act) was not maintainable. Therefore, the proceedings were quashed, allowing the petition filed under Section 482 of the Code of Criminal Procedure, 1973 (in short the Code).
(3.) Background facts filtering out unnecessary details are as under: The complaint was filed by the appellant alleging that in the year 1995 respondent No. 1 had issued a cheque for a sum of Rs. 5,15,053.72 representing balance amount payable to the appellant for supply of goods to a partnership firm of which respondents are partners. It was indicated that the total amount payable was Rs. 49,21,482.72 as against which the accused persons had paid Rs. 44,06,429/-, leaving balance of Rs. 5,15,053.72. A cheque (drawn on Oriental Bank of Commerce, Ladwa branch (Account No. 954)) was issued for the same amount on 27.1.1995. The cheque was signed by respondent No. 1 Yashpal Singh, for the firm and respondent No. 2 Nirpal Singh, was a partner of the partnership firm, namely, M/s Sat Guru Rice Traders, New Delhi. The cheque was dishonoured due to inadequacy of funds in the account. Intimation was given on 6.2.1995. Notice was issued by the appellant demanding payment by lawyers notice dated 17.2.1995". The amount was not paid. The respondents requested the appellant for some time to make the payment. On the request of the respondents, the cheque was again presented on 6.7.1995 and it was again dishonoured due to inadequacy of funds. Intimation in this regard was sent to the appellant on 10.7.1995. Again, lawyers notice was sent on 24.7.1995. Reply was sent by the respondents on 16.8.1995 refuting the allegations contained in the legal notice. The complaint was lodged on 28.8.1995. Charges were framed. ;