ORDER

1. Heard Mr. H.M. Singh, Learned Counsel for the Appellant and Mr. Shyam Divan, learned senior counsel for Respondent Nos. 1 and 2. The Appellant is aggrieved by the order of the High Court dated 17.8.2007 passed in Criminal M.C. No. 137/2004 in and by which the High Court quashed the complaint filed by the Appellant under Section 138 of the Negotiable Instruments Act as against the Respondents.

2. To trace the brief facts, the Appellant claimed that it entered into an agreement of sale on 4.3.2003 with M/s. A.D. Exports Private Limited for the sale of an undescribed property at Hansi, District Hisar in the State of Haryana for Rs. 74,86,000/- against which the said M/s. A.D. Exports Private Limited agreed to pay earnest money of Rs. 44,86,000/- and gave a pay order drawn on first Respondent Bank. The pay order was presented on 5.3.2003 and it was returned on 12.3.2003 with the endorsement "refer to drawer, account attached". The complaint under Section 138 of the Negotiable Instruments Act came to be filed on 6.5.2003. Summons were issued on the Respondents on 7.5.2003. Application for recalling the summons was filed by the Respondents on 9.6.2003, in which the learned Trial M