Ashok Kumar Roopanwal, J. - (1.) THIS application under Section 482, Cr.P.C. has been moved for quashing the complaint case dated 26.6.98, annexure -1 to the affidavit, filed with the petition, under Section 138, N.I. Act filed by O.P. No. 2 in the court of Chief Judicial Magistrate, Varanasi being criminal case No. 10801/2000 and also for quashing the summoning order dated 11.12.98.
(2.) IT appears from the record that O.P. No. 2 Manjoor Parvez filed a complaint under Section 138, N.I. Act against the applicant in the court of J.M. 1St, Varanasi which was registered as case No. 168/98. It was later on numbered as case No. 10801/2000. It was alleged in the complaint that the complainant is the employee of the Firm S.A.S. Holding Private Limited and is competent to file the complaint on behalf of the Firm. The Firm deals in the business of financing. The applicant Om Prakash Upadhyay had taken loan from the Firm and to repay the loan he issued cheque No. 108342 dated 9.11.97 for Rs. 6,920/ -, Cheque No. 108343 dated 9.12.97 for Rs. 6,920/ -, cheque No. 108345 dated 9.2.98 for Rs. 6,920/ -, cheque No. 108356 dated 9.3.98 for Rs. 6,920/ -, cheque No. 108347 dated 9.4.98 for Rs. 6,920/ - in favour of the complainant. When the cheques were presented in the bank for encashment, these were returned with the remark that there was no arrangement to pay the amount of the cheques from the account of the applicant. This information was received by the complainant on 6.5.98 whereupon a registered notice was sent to the applicant by the Firm. In support of the complaint the complainant examined himself under Section 200, Cr.P.C. in which he stated the same facts which were stated n the complaint. After perusal of the statement of the complainant as well as the cheques memo of the petitioner, registered receipt and the address on which the registry was sent the trial court summoned the applicant under Section 138, N.I. Act.
(3.) HEARD Mr. N.D. Shukla, learned Counsel for the applicant, Mr. C.K. Parikh for O.P. No. 2, learned AGA and perused the record.;