R.C. Kathuria, J. - In this petition, the petitioner seeks quashing of complaint (Annexure P-1), summoning order dated 20.04.1998, copy of which is Annexure - P.2, whereby the petitioner had been directed to appear in the Court to face trial in complaint filed under Section 138 of the Negotiable instruments Act, 1881 (hereinafter referred to as `the Act') read with Section 420 of the Indian Penal Code and the order dated 20.8.2001 (Annexure P-5) whereby application filed by the petitioner under Section 245 of the Code of Criminal Procedure, 1973 (hereinafter referred to as `the Code') seeking dismissal of the complaint was rejected.

2. The essential facts to focus the controversy involved in the present petition need to be noticed. M/s B.G.Brothers, Link Road, Ludhiana through its Proprietor, Bharat Bhushan, respondent in the present petition, filed a complaint under Section 138 of the Act read with Section 420 I.P.C. on the allegation that the petitioner had issued a cheque dated 25.8.1997 for Rs. 22,000/- in favour of the complainant-respondent. When the cheque was presented to the bank, the same was returned unpaid with the remarks that funds were insufficient to honour