A.G.BUILDERS Vs. REMIRA MOTORS PVT LTD

JUDGEMENT

(1.) The matter is taken up for hearing through video conference due to COVID-19 situation.

(2.) This petition under Section 482 Cr.P.C. is filed for quashing of order dated 17.3.2021 passed by Judicial Magistrate Ist Class, Moga refusing to stay the proceedings under Section 138 of the Negotiable Instruments Act, 1881 (for brevity, 'the Act').

(3.) The facts in brief are that petitioner No. 1 a proprietorship concern is engaged in the business of civil contracts. An agreement dated 19.1.2017 was entered into between petitioner No. 1 and the respondent. The work was to be completed by 31.12.2017. Another contract was entered on 30.5.2017. As per the pleadings, a blank security cheque taken from petitioner No. 1 was presented and when dishonoured, complaint under Section 138 of the Act was filed. In the meantime due to dispute between the parties, the arbitration clause of the agreement was invoked and dispute referred to the arbitration.