- (1.) Heard Shri Jagrit Sharma, learned counsel for the petitioner, Shri Sudeep Kumar, learned counsel for the complainant and the learned AGA.
(2.) By means of the present petition under section 482 Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.'), the petitioner has prayed for quashing the entire proceeding of Complaint Case No. 1991 of 2012(earlier Complaint Case No.1217 of 2011), Sabyasachi Sikdar Vs. Achche Lal Yadav, under section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as "N.I. Act") pending in the court of Additional Chief Judicial Magistrate-IV, Lucknow and also the orders dated 9.8.2012 and 2.11.2013 passed by the Additional Chief Judicial Magistrate-I, Court No. 25, Lucknow, whereby the petitioner has been summoned to face trial and issue of process under Section 138 of the N.I. Act., P.S. Vikas Nagar, District Lucknow.
(3.) Facts relevant for deciding this petition are that opposite party no. 2 Sabyasachi Sikdar being Director of M/s Cropaid Marketing Private Ltd. filed aforesaid complaint case under Section 138 of N.I. Act against petitioner Achche Lal Yadav, who is Proprietor of firm "M/s Natraj Fertilizer" alleging therein that opposite party no.2 issued a cheque amounting to Rs. 1,62,838/- on 9.5.2011 having cheque no.041157 of Union Bank of India, Chandawak, District Jaunpur in favour of the company "Cropaid Marketing Pvt. Ltd" towards full and final payment of the outstanding amount along with interest. The cheque in question was presented by opposite party no.2 for clearing in the State Bank of India, Vikas Nagar, Lucknow, but the same was dis-honoured by the Union Bank of India, Chandawak, Jaunpur on account of insufficient funds. The communication has been made by the State Bank of India, Vikas Nagar, Lucknow vide its memo letter dated 10.5.2011. A registered legal notice was issued to the petitioner by the opposite party no. 2 through his counsel on 6.6.2011 demanding the amount under the cheque within fifteen days. Telegram was also sent on 7.6.2011 to the petitioner demanding the payment under the cheque in question. But inspite of it, the amount of cheque has not been paid by the petitioner to the opposite party no.2. Consequently, the complainant has filed a complaint under section 138 read with section 142 of the N.I. Act on 23.7.2013 before the learned Additional Chief Judicial Magistrate-III, Court No 27, Lucknow along with an affidavit annexing therewith relevant documents.;