Amol Rattan Singh, J.

This petition was filed, invoking jurisdiction of this Court, u/s 482, Cr.P.C. in order to seek quashing of the complaint filed by the respondent herein against the petitioner, in respect of an offence punishable u/s 138 of the Negotiable Instruments Act, 1881. The petitioner also challenges the summoning order issued by the learned Judicial Magistrate, 1st Class, Gurgaon, dated 8.11.2012, after preliminary evidence was led, by which the learned trial Court found, prima facie, sufficient grounds to proceed under the provisions of the Negotiable Instruments Act.

2. Learned Counsel for the petitioner has tried to project to the effect that, the cheque was given as a security to the respondent for a loan taken by the petitioner, though, according to the petitioner, the said loan had already been returned and the matter fully and finally settled between the parties. The loan is stated to have been returned, in cash, on 30.6.2012.

3. The respondent herein, i.e. the complainant before the trial Court, had served a legal notice as required u/s 138(b) of the Act of 1881, in response to which the petitioner had gave a reply stating that the cheque was issued by