- (1.) PARCHA filed by Sri S.K.Srivastava, on behalf of respondent nos. 2 and 3 today, is taken on record.
(2.) LEARNED counsel for the applicant is permitted to correct the array of the parties in the APPLICATION U/S 482.
(3.) HEARD Sri Shiv Ram Singh, Advocate, holding brief of Sri Rajendra Kumar Yadav, learned counsel for the applicant, Sri S.K.Srivastava, learned counsel for respondent nos. 2 and 3 and learned AGA for the State. It appears that a criminal complaint under section 138 Negotiable Instruments Act, 1881 (in short, N.I.Act) was filed by respondent nos. 2 and 3 against the applicant Rajeev Pandey alleging that as many as four cheques amounting to Rs. 5 lacs, Rs. 9,45,000/ -, Rs. 2,50,000/ - and Rs. 50,000/ - belonging to Karnataka Bank, Dehradun were given by the applicant in favour of respondent nos. 2 and 3. Out of all the aforesaid cheques, only one cheque amounting to Rs. 50,000/ - was honoured and remaining three cheques were dishonoured and returned as unpaid by the drawing bank of the applicant with the remark 'funds not sufficient'. After completing legal formalities, a complaint under section 138 N.I.Act was filed in September, 2013 wherein inquiry was conducted and summoning order was passed against the applicant for facing trial under section 138 N.I.Act vide order dated 11.11.2013. The entire proceedings of this Criminal complaint no. 3131 of 2013 (Sushil Kumar versus Rajeev Pandey) under section 138 N.I.Act, Police Station Navbasta District Kanpur Nagar pending before the Metropolitan Magistrate, Kanpur Nagar are under challenge before this Court.;