Akhtar Husain Khan, J. - (1.) PRESENT petition has been moved under section 482 Cr.P.C. by accused -petitioner Rajendra Pratap Singh with prayer to quash the proceedings of Case No. 2468 of 2010 Gangeshwar Mahadevji Trust v. Rajendra Pratap Singh, under section 138 of Negotiable Instruments Act pending in the Court of Additional Chief Judicial Magistrate (Ayodhya Prakaran), Lucknow. I have heard learned Counsel for petitioner and learned Additional Government Advocate. None appeared for opposite party No. 2, even after list was revised.
(2.) PERUSAL of copy of complaint annexed with petition shows that both the cheques in question have been returned to complainant by Bank unpaid with endorsement that the drawer of the cheque has restrained payment. It has been alleged by learned Counsel for the petitioner that the area of land agreed to be transferred by opposite party No. 2 complainant (Gangeshwar Mahadevji Trust) was found lesser than the area shown to be transferred by opposite party No. 2. Therefore, petitioner has instructed, Bank not to honour both cheques in question. Learned Counsel for the petitioner contended that offence under section 138 of Negotiable Instruments Act is made out only when cheque is dishonoured because of insufficiency of amount in the account of drawer. Learned Counsel for petitioner contended that it is apparent from section 138 of Negotiable Instruments Act that no offence is made out if payment has been stopped on the instructions of drawer. Learned Additional Government Advocate contended that summoning order passed by Magistrate is revisable. Therefore, no interference is justified under section 482, Cr.P.C.
(3.) I have considered the submissions made by learned Counsel for the parties.;