Manoj Misra, J. - (1.) HEARD learned counsel for the applicant, Sri Sanjay Singh for the opposite party No. 2 and the learned A.G.A. for the State. By the present application, the applicant has sought quashing of the complaint as well as the summoning order dated 02.11.2011 in Case No. 356 of 2011 pending in the Court of Additional Chief Judicial Magistrate, Court No. 3, Agra, under Section 138 of the Negotiable Instruments Act.
(2.) A perusal of the record reveals that the opposite party No. 2 filed complaint against the applicant alleging therein that in respect of sale of one half share by the complainant in favour of the applicant, a cheque of Rs. 18,52,000/ - dated 01.01.2011 was given by the applicant to the complainant, which was presented for encashment at Punjab and Sindh Bank, Purani Mandi, Taj Ganj, Agra on 28.04.2011. The same returned unpaid for insufficient funds in the drawer's account. It has been alleged that a notice of demand was given by the complainant through her Advocate on 20.05.2011 and that despite service of the notice, the accused (the applicant herein) did not make payment of the cheque amount. Consequently, on 24.06.2011, the complaint was filed. The complaint allegations were supported by affidavit of the complainant. She produced original of the cheque, which returned unpaid, bank memo showing that the cheque returned unpaid for insufficient funds in the drawer's account, copy of the notice of demand, postal receipt showing dispatch of notice by registered post and copy of the agreement under which the aforesaid payment was made.
(3.) THE court of Additional Chief Judicial Magistrate, Court No. 3, Agra found that a prima facie case was made out to proceed against the applicant under Section 138 of the N.I. Act, accordingly, summoned the applicant vide order dated 02.11.2011.;