- (1.) Leave granted.
(2.) This appeal arises from the judgment and order dated 13th December, 2005 rendered by a learned Single Judge of the High Court of Punjab & Haryana at Chandigarh in Criminal Miscellaneous No. 47932-M of 2004. By the impugned judgment, the learned Judge, while partly allowing the petition preferred under Section 482 of the Code of Criminal Procedure, 1973 (for short "the Code") seeking quashing of a private complaint filed by the respondent (hereinafter referred to as "the complainant") under Section 138 of the Negotiable Instruments Act, 1881 (for short "the Act") has dismissed the petition qua the appellant.
(3.) In order to appreciate the controversy, a few material facts may be stated thus: The complainant is engaged in the trading of petroleum products. According to him, the appellant, his father, brother and mother used to purchase mobile oil from him from time to time. According to the complainant, on 20th November, 2000, all four of them got issued a cheque bearing No. 227739 drawn on Indian Bank, Sonepat in the sum of Rs.24,92,115/- in discharge of their liability towards him. The complainant presented the cheque for payment to his bankers, which was returned unpaid on 29th December, 2000 with the remarks "Account closed". Thereafter, on 17th January, 2001, the complainant got a legal notice issued to all the four accused asking them to pay the cheque amount. In their reply to the legal notice, the accused denied having any business dealings with the complainant as also the issue of cheque in question by any one of them. Their stand was that no such cheque was ever signed, issued or got issued by them at any point of time in favour of the complainant.;