KANT TRIPATHI,J. - (1.) HEARD learned Counsel for the applicant and Mr. Anil Srivastava for the private respondent No. 2 and the learned AGA for respondent No. 1 and perused the record.
(2.) THIS is a petition under Section 482 of the Code of Criminal Procedure for quashing the proceedings of Complaint Case No. 3336 of 2006 (Sunil Kumar Singh v. Indu Singh) under Section 138 of the Negotiable Instruments Act (in short "the Act"), P.S. Madhuadeeh, District Varanasi pending in the Court of the Civil Judge (Junior Division), Court No. 7, Varanasi/Judicial Magistrate. It appears that respondent No. 2 has filed a complaint against the applicant under Section 138 of the Act and the learned Judicial Magistrate passed the summoning order dated 14.9.2006 on the basis of the materials on record. The learned Magistrate was of the view that a prima facie case under Section 138 of the Act was made out. The finding of fact so recorded by the learned Magistrate seems to be based on the evidence on record, therefore, cannot be quashed by this Court in exercise of inherent power.
(3.) THE learned Counsel for the applicant submitted that the notice was not legal. The respondent No. 2 had demanded not only the amount mentioned in the cheque but also the interest and cost, etc. It was next submitted that the addition of demand of cost and interest, etc. in the notice was not permissible.;