NAHE E D ARA MOONIS,J. - (1.) HEARD learned counsel for the applicant and the learned A.G.A.
(2.) THE instant application under section 482 Cr.P.C. has been filed by the applicant with a prayer for quashing of the entire proceedings as well as the summoning order dated 19.2.2011 in criminal complaint case no.754 of 2010, under Section 138 Negotiable Instruments Act, Police Station Sahganj, District Agra, pending in the court of Chief Judicial Magistrate, Agra. It has further been prayed that the proceedings of the aforesaid case may be stayed during the tendency of the instant petition. It is contended by the learned counsel for the applicant that the opposite party no.2, who is an advocate by profession, has given a notice to the applicant on 10.6.2010 in respect of a dishonour of a cheque given by him on 16.9.2009/ 16.2.2010.
(3.) IT is further contended that the applicant is being prosecuted under Section 138 N.I. Act on the basis of complaint filed by opposite party no.2 on 7.7.201 that the cheque issued by the applicant of forty thousand rupees when pre scented before the bank was dishonoured on 5.6.2010 on account of insufficiency of fund.;