- (1.) The present petition shall dispose of Criminal Miscellaneous Nos. 20048 and 27413 of 2011 since both the petitions are arising out of the same complaint and the summoning order. The relief sought in both the petitions is also the same.
(2.) Prayer in these petitions is for quashing of Criminal Complaint No.631/2/10 dated 05.04.2010, titled as " Dr. Ravjeet Kaur Versus M/S. Makson Retailers Pvt. Ltd. & another", filed under Section 138 of the Negotiable Instrument Act ( in short, "N.I.Act"), as well as the order dated 15.04.2010 passed by learned Judicial Magistrate Ist Class, Jalandhar, vide which the petitioners-accused had been summoned to face trial for the offence punishable under Section 138 of the N.I.Act.
(3.) The petition has been filed primarily on the following two issues:- (1)the cheque in dispute was given to the respondent-complainant as security, therefore, the complaint was not maintainable; and (2) the petitioners-accused had moved an application under Section 147 of the N.I.Act for compounding of the offence.;