Sandeep Sharma, J. (Oral)

Through instant petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, prayer has been made by the petitioners for quashing of complaint No. 237/2024, titled as Goel Motors v. Om Cheeva Business, having been filed by the respondent under Section 138 of the Negotiable Instruments Act (in short the “Act”), along with consequential proceedings pending before the learned Judicial Magistrate First Class, Bilaspur.

2. Precisely, the grouse of the petitioners as has been highlighted in the petition and further canvassed by Mr. Vijay K. Arora, Senior Advocate, is that complaint sought to be quashed is not maintainable and as such, deserves to be quashed and set aside. Mr. Arora, while making this Court peruse pleadings as well as documents adduced on record, vehemently argued that since agreement (Annexure P-3) executed inter-se parties for providing ten transport vehicles stood terminated, petitioners vide written communication dated 14.12.2023 (Annexure P-4), requested the respondent to return the cheque kept as security, but respondent misused the same and instituted complaint under Section 138 of the Act in the competent court of law aga