Rajesh Dayal Khare, J. - (1.) HEARD learned Counsel for the applicants and the learned A.G.A. for the State. Another Bench of this Court vide order dated 24.10.1994 had issued notice to the opposite party No. 2 and in the meantime further proceedings of Case No. 756 of 1994 (State v. Shrawan Kumar), under Sections 467, 468, 420, 504, 506 I.P.C., Police Station Chetganj, District Varanasi, pending before learned IInd Additional Chief Judicial, Varanasi.
(2.) TILL date no counter affidavit has been filed. The present 482 Cr.P.C. petition has been filed for quashing the proceedings of Case No. 756 of 1994 (State v. Shrawan Kumar), under Sections 467, 468, 420, 504, 506 I.P.C., Police Station Chetganj, District Varanasi, pending before learned IInd Additional Chief Judicial, Varanasi.
(3.) LEARNED Counsel for the applicants has contended that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents in support of his contention. It is further contended that from a bare perusal of the complaint, copy of which, is annexed as Annexure -1 to the affidavit accompanying the present application, would demonstrates that the allegations is against the co -accused Baldhari Pandey and not against the applicants. It is next contended that no offence under the provisions of I.P.C. is made out against the applicants and at best the proceedings under Section 138 of Negotiable Instruments could have been drawn against the applicants. It is also argued that the only allegations against the applicants are that the cheque issued by the applicants is with regard to the Bank where no such account exists.;