KAUSHAL JAYENDRA THAKER - (1.) Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
(2.) The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the proceeding of Criminal Complaint No.1860 of 2019 (old No. 1057/2019) Bank of India Vs. Shiksha Educational Trust and others pending in the Court of Additional Chief Judicial Magistrate II, Varanasi, under Section 138 of Negotiable Instrument Act, 1881, P.S.- Kotwali, Varanasi, including Summoning Order dated 29.04.2019 (Annexure-5) as well as N.B.W. dated 09.07.2020 (Annexure-6) and dismiss the Criminal Complaint No. 1860; Bank of India Vs. Shiksha Educational Trust and others dated 11.03.2019 (Annexure-3).
(3.) It appears that the applicant nos. 2 and 3 have challenged the proceedings more particularly after the non-bailable warrant came to be issued on them. They had not challenged the summoning order at the first instance.;