Nirmaljit Kaur, J. - (1.) This is a petition under Section 482 Cr.P.C for quashing of complaint No. 638/2 dated 09.11.2004 titled as Surinder Kumar Sood v. Team Tools Pvt. Limited and others pending in the Court of learned JMIC, Ludhiana and order dated 04.11.2010 passed by learned Judicial Magistrate First Class, Ludhiana, allowing the application of the respondent.
(2.) While challenging the said complaint under section 138 of the Negotiable Instruments Act, learned counsel for the petitioners submitted that the complainant filed the complaint by taking two different stands i.e. the cheque was firstly presented by respondent complainant on 21.05.2004 and the same was returned vide memo dated Nil with remark that "payment stopped by drawer and insufficient funds." Thereafter, the cheque was again presented on 09.09.2004 but the same was returned as unpaid vide memo dated nil with remarks that 'payment stopped by drawer.' As such, the same is malicious.
(3.) The said argument is a defence and does not make out a case for quashing of the complaint. A legitimate litigation cannot be quashed by exercising the power under Section 482 Cr.P.C.;