OM PARKASH Vs. DARSHAN KUMAR MAHAJAN

JUDGEMENT

(1.) IN order to discharge his liability, the petitioner issued two cheques valued at Rs. 15,50,00 and Rs. 16.00 lacs in favour of the respondent on 12 -5 -2008 and 21 -5 -2008 respectively in the name of Citizens Cooperative Bank Limited, Vijaypur. The said two cheques could not be en -cashed on their presentation and the same were returned with the remarks "exceeds arrangement" issued by the concerned bank. Statutory notice was issued by the respondent requesting the petitioner to pay this amount within a period mentioned in the statute. On his failure to make payment, the complaint was filed before the Trial Court under section 138 of the Negotiable Instruments Act. The process has been issued by the Court below. Feeling aggrieved of this, present petition has been field seeking quashment of the complaint.

(2.) I have heard learned counsel for the parties and perused the record.

(3.) THE ground for seeking quashment of the complaint by the petitioner relates to two issues;