JUDGMENT :

MANOJ KUMAR OHRI, J.

1. The present proceedings are instituted under Section 482 Cr.P.C. seeking quashing of the Complaint Case No. 696/2017 filed under Section 138 of Negotiable Instruments Act, 1881.

2. Vide order 01.04.2019, it was noted that the complainant/respondent No. 2 was duly served. However, noting that neither the complainant nor his counsel appeared, he remained unrepresented and vide order dated 26.09.2019, his right to file reply was closed.

3. Learned counsel for the petitioner submitted that as per the case of the complainant, the petitioner was given cash loan of Rs. 50,000/- on 20.04.2016 which was promised to be returned in eight months. After eight months, the complainant approached the petitioner who paid back Rs. 19,500/- and sought time of one month to pay the balance amount. In December 2016, the petitioner issued a cheque bearing No. 893122 dated 30.12.2016 drawn on Dena Bank, Gandhi Nagar, for Rs. 30,500/- which on presentation, was dishonoured through return memo dated 02.01.2017 with remarks “funds insufficient.” The complainant sent a legal notice dated 06.02.2017 vide postal speed post No. ED-242453767-IN and registered postal receipt no. RD-6