- (1.) Heard learned counsel for the applicant and learned AGA for the State.
(2.) This application has been filed for setting aside the entire proceeding of Complaint Case No.1946 of 2016 (Pawan Kumar Vs. Deepak Jha), under Section 138 of Negotiable Instruments Act, Police Station Prem Nagar, District Jhansi, arising out of impugned summoning order dated 22.02.2019 passed by learned Additional Chief Judicial Magistrate, Court No.2, Jhansi as well as to set aside the impugned summoning order dated 22.02.2019.
(3.) Record reflects that a complaint under section 138 of the Negotiable Instrument Act was filed on 15.12.2016 by opposite party no. 2- Pawan Kumar Jain against the applicant herein alleging dishonoring of cheque, on the ground of insufficiency of fund. The Magistrate concerned after recording the statement of the complainant as well as witnesses under Sections 200 and 202 Cr.P.C., vide impugned order dated 22.02.2019 has summoned the applicant.;