- (1.) REJOINDER affidavit filed today, is taken on record.
(2.) HEARD learned counsel for the applicant, Sri S. F. Ahmad for the opposite party No. 2 and the learned A.G.A. for the State.
(3.) BY the present application, the applicant has prayed for quashing of the proceedings of Complaint Case No. 4742 of 2012 pending in the Court of Chief Judicial Magistrate, Rampur, under Section 138 of N.I. Act. A perusal of the record reveals that the opposite party No. 2 filed a complaint against the applicant alleging therein that three cheques dated 28.02.2012 totalling Rs. 5,20,000/ - were given by the applicant to the complainant by way of refund of earnest money as well as damages for non -performance of an agreement for sale of immovable property. It is the case that these cheques were deposited in the bank for collection but they returned unpaid for insufficient funds in the drawer's account, which was made known to the complainant vide bank memo dated 29.02.2012. It is alleged that a written notice of demand was sent by the complainant, through his advocate, to the applicant by registered speed post A.D., on 13.03.2012 which did not return back and has accordingly been served on him, but still no payment was made.;