KANWALJIT SINGH AHLUWALIA, J. - (1.) THE present petition has been filed under Section 482 Cr.P.C. praying that Complaint No. CRL-725 dated 3.10.2011 titled as "M/s Vallabh Textiles Company Ltd. v. M/s Shorewala Global Industries Pvt. Ltd. & Others", under Section 138 of the Ne gotiable Instruments Act, 1881 (Annexure PI) along with the summoning order dated 3.10.2011 (Annexure P2) be quashed. It is stated that the cheques, issued by the petitioners, had bounced and after the receipt of legal notice on 7.9.2011, the entire amount of cheques was paid on 3.10.2011 by transferring the amount in the account of the respondent. Rely upon C.C. Alavi Haji v. Polapetty Muhammed 2007(6) Supreme Court Cases 555 to submit that even after the receipt of summons from the Court if the payment of cheque is made within 15 days thereof, then the accused cannot be prosecuted. Further rely upon Damodar S. Prabhu v. Sayed Babalal H. 2010(2) Recent Criminal Re ports 851 to say that even for a delay, the petitioners are ready and willing to pay the costs within the parameters laid down in the said case.
(2.) THE statement of fact made by the petitioner is required to be examined. Therefore, the present petition is disposed of by directing the trial Court that in case an application to this effect is filed, after hearing other side, it shall determine the fact as to whether the amount of cheques has been paid or not. The needful be done within one month from the date of filing of application by the petitioner.;