O R D E R

% 20.09.2024

1. Petitioner has approached this Court seeking quashing of the Complaint Case No.1788/2019, pending in the Court of learned Metropolitan Magistrate (NI Act) – 01, Rouse Avenue Courts.

2. The facts of the case reveals that the Petitioner herein issued a cheque bearing No.793653 dated 06.11.2018 amounting to Rs.32,11,324/- drawn on Punjab National Bank, Chander Nagar, Ghaziabad, to the Respondent herein for repayment of a liability. It is stated that prior to the presentation of the cheque in question, in view of the email dated 17.11.2018 exchanged between the parties, a debit note for a sum of Rs.2,00,000/- was issued and Rs.30,11,324/- was paid by the Petitioner to the Respondent by way of RTGS on 17.11.2018 and the Petitioner also demanded the cheque in question from the Respondent in view of the RTGS payment. This fact has been acknowledged in the proceedings before the Trial Court. It is stated CRL.M.C. 5709/2022 Page 1 of 8 that after receiving a sum of Rs.30,11,324/-, the Respondent deposited the cheque in question in the bank on 20.11.2018 and the same was returned with endorsement “Payment stopped”. It is stated that the Respondent, thereafter, filed a