R. C. Kathuria, J. : Petitioner seeks quashing of complaint dated 14.12.1996, Annexure P-1, filed under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the Act), the summoning order and the consequential proceedings arising out of that complaint.

2. A few facts need to be noticed in order to focus the controversy involved in the present petition.

3. Petitioner, M/s. Guru Nanak Engineering Works through its partner Gurmail Singh had issued cheque bearing no. 298418 dated 25.6.1996 for Rs. 1,58,000/- in the name of complainant Harjinder Singh, drawn on Punjab National Bank, Dhuri Branch, District Sangrur, to discharge the liability of debt. At that time petitioner-accused had assured the complainant that he was having sufficient amount in the bank and that on presentation the cheque would be encashed. The complainant then presented the afore-said cheque through his bankers, namely, Punjab and Sind Bank, Salem Tabri Branch, Ludhiana, for encashment but the same was returned with the remarks "insufficient funds" and intimation in that regard was sent to the Punjab and Sind Bank, Salem Tabri Branch, Ludhiana, as per Memo Dated 20.9.1996 thereafter, the