Mukta Gupta, J.

1. This is a petition for quashing of order dated 19th March, 2009 summoning the Petitioner in criminal complaint No. 92/5/08 under Section 138 Negotiable Instrument Act (hereinafter referred as NI Act) and the said complaint.

2. Before proceeding further, it would be relevant to note the brief facts of the case. The Respondent No. 1and his wife along with M/s May Co. Freight & Travels Pvt. Ltd. were shareholders of M/s Kausauli Resorts Pvt. Ltd. Co. registered at Jalandar City. They were holding 35,000 shares of M/s Kausauli Resort in totality and were Promoter/Directors of the said company. On 25th August, 2003 the Respondent No. 1 along with his wife & M/s May Co. Freight & Travels Pvt. Ltd. sold their shareholding to Captain NP Ahluwalia i.e. Brother of the Petitioner & Captain P.S. Chimni for ` 1,49,79,000 as per MOU dated 25th August, 2003. It is alleged that the Petitioner had discharged this liability in part for purchasing the share holding of M/s Kasauli Resort Pvt. Ltd. of the Respondent. The Petitioner had issued 2 post dated cheques bearing No. 624695 dated 31st January, 2004 for a sum of ` 3,50,000/- drawn on State Bank of India and other bearing