- (1.) Iqbal Singh, the petitioner has brought this petition under the provisions of section 482 Cr.P.C. for quashing of complaint No. 536 of 2011 (Annexure P4) titled as Mahindera and Mahindera Vs. Iqbal Singh as well as the summoning order (Annexure P5) passed under section 138 of the Negotiable Instruments Act, 1881 (for short, "the Act) by the court of learned Judicial Magistrate Ist Class, Patiala as also the consequential proceedings arising therein.
(2.) Learned counsel for the petitioner has contended that the petitioner availed a loan facility from the respondent company in a sum of Rs. 2,10,000/- regarding which agreement was executed on 30.6.2010.
(3.) The company is said to have taken 17 cheques from the petitioner by way of security and they were all blank. According to him, there has been an arbitration clause in the agreement executed between the parties under which the respondent referred the matter to arbitration. He has further submitted that the arbitrator has passed the award on 30.8.2011 and in pursuance of the same, the respondent has filed execution application on 13.12.2011. According to him, in the said execution application, attachment orders had been made.;