GURDEV SINGH, J.

1. This petition under Sec.482 of the Criminal Procedure Code (hereinafter referred to as the Code) is for quashing the Criminal Complaint (Annexure p/4) titled Neeraj Madan Versus M. P. Saini under Sections 323, 452 and 506 IPC, pending in the Court of Shri Jarnail Singh, Judicial Magistrate Ist Class, faridabad and the summoning order dated 23.4.2005 (Annexure P/10) passed by that Court.

2. According to the petitioner, he is the sole proprietor of the concern M/s Ddstha Mechanicals, which is engaged in the business of manufacturing of sound proof canopy chambers for generators and DG sets. Naresh madan, husband of the complainant/respondent, purchased one such canopy, vide invoice No.482 dated 21.5.2002 and paid Rs.6,000/- in advance. Thereafter, another payment of Rs.10,000/- was made. After delivery of the canopy, a cheque of Rs.70,000/- dated 30.8.2002 was issued to the petitioner, which on presentation to the banker of Naresh Madan was dishonoured on account of "insufficient funds". After serving notice, he filed a complaint under Sec.138 of the Negotiable Instrument Act, 1881 (hereinafter referred to as the Act ). Before filing that complaint, he ser