U.S.TRIPATHI, J. - (1.) THIS application under Section 482 Cr PC has been filed for quashing the criminal complaint in Case No. 2103 of 1995, Ramesh Chand v. Sunder Lal Arora and the summoning order in compliance of order dated 15 -10 -1997 passed by XIIIth Additional Sessions Judge, Agra, order dated 6 - 7 -1998 passed by A.C.J.M., Agra and the order dated 3 -9 -1998 passed by incharge Sessions Judge, Agra.
(2.) THE opposite party No. 2 Ramesh Chand filed a compliant against the ap ­plicant under Section 138 of Negotiable Instruments Act with the allegations that the applicant negotiated to purchase his property No. 14/182 and 14/185, Hospital Road, Agra and obtained a written agree ­ment on stamp paper. Thereafter he issued account payee cheque for Rs. 1 lac relating to State Bank of India, Shev Ka Bajar, Agra, The opposite 'party No. 2 presented the said cheque on 1 -7 -1995 for encash ­ment, but it was dishonoured on the ground of “stop payment”. The opposite party No. 2 sent a registered notice dated 10 -7 -1995 to the applicant and demanded money, but he failed to pay the same, hence the complaint. The opposite party No.2 examined himself under Section 200 and his witnesses under Section 202, Cr.P.C. on the perusal of the above evidence, the learned Magistrate dismissed the com ­plaint, vide order dated 21 -6 -1996. Aggrieved with the said order, the opposite party No. 2 filed criminal revision No. 278 of 1996. The Revisional Court i.e. XIIIth Additional Sessions Judge, by his order dated 15 -10 -1997 allowed the revision, set aside the order dated 21 -6 -1996 and ordered the Magistrate to sum ­mon the applicant under Section 138 of Negotiable Instruments Act. Accordingly, the learned Magistrate, vide his order dated 18 -11 -1997 summoned the ap ­plicant. The applicant appeared and filed objection before the Magistrate, but the Magistrate, rejected the above objection, vide order dated 25 -4 -1998. The applicant preferred revision, which was also rejected by incharge Sessions Judge on 3 -9 -1998.
(3.) HEARD the learned Counsel for the parties and perused the record.;