M.L. Mehta, J.—This is a petition under Section 482 CrPC for quashing the criminal complaint against the petitioner pending in the court of M.M. under Section 138, N.I. Act (hereinafter referred to as ‘Act’) wherein the petitioner was summoned vide order dated 20.8.2009.

2. The complaint was filed against the petitioner under Section 138 of NI Act and in paragraph 2 thereof it was alleged as under :-

“That the accused approached for loan on Short term basis from the complainant company. The complainant company had granted a loan to the accused. The said loan was granted as per the terms and condition of Hire Purchase Agreement No.167/680 under the said agreement. The complainant financed the accused as desired by it, incumbent however upon its paying the EMI stipulated as payable in the agreement.”

3. It was also alleged that the accused in order to fulfill the contractual obligation and fulfill the terms and conditions of the agreement and in part payment of legal debt [loan installment and other charges payable in the agreement due to the complainant issued a cheque dated 14.5.2009 for Rs. 3663165/- and the said cheque on presentation was got dishonoured on account of ins