Aarti Trehan And Another Vs Super Oils (Punjab And Haryana High Court)
The Punjab and Haryana High Court dismissed a petition filed under Section 482 of the Code of Criminal Procedure seeking quashing of a criminal complaint and the summoning order passed by the Judicial Magistrate First Class, Ludhiana, in a case under Section 138 of the Negotiable Instruments Act, 1881.
The criminal complaint was filed by the respondent, a partnership firm engaged in supplying industrial oils and lubricants. The complaint alleged that petitioner No.1 was the proprietor and person in charge of petitioner No.2 firm and had purchased goods from the complainant on agreed terms, including timely payment and interest at 18% per annum. According to the complainant, after multiple transactions and payments duly reflected in accounts and GST returns, an amount of ₹2,11,073 remained payable as on 01.11.2022. To discharge this liability, the petitioners issued two cheques amounting to ₹1,13,245 and ₹96,146. Upon presentation, the cheques were dishonoured with the endorsement “payment stopped by drawer.” Despite issuance of a legal notice, the amount was not paid, leading to the filing of the complaint.
After preliminary evidence, the Magistrate found a prima facie case and summoned the petitioners to face trial for the offence under Section 138 of the NI Act. Aggrieved, the petitioners approached the High Court seeking quashing of the complaint and the summoning order.
