- (1.) Heard learned counsel for the applicant and learned AGA for the State.
(2.) This application under Section 482 Cr.P.C. has been filed with a prayer to quash the impugned orders dated 28.7.2015 and 25.3.2015 arising out of criminal complaint case no.757 of 2007 (Vikash Bansal Vs. Vivek Jain) under section 138 of the Negotiable Instrument Act, P.S. Kotwali, District Agra pending in the court of Judicial Magistrate, Court No.1, Agra. Further prayer has been made to stay the proceedings of the aforesaid case.
(3.) Submission of the learned counsel for the applicant is that no offence, as alleged in the summoning order, is made out against the applicant. Information for stop payment had been given to the Bank and due to that reason, the cheque in question was not encashed. Since there was sufficient fund in the account and applicant has given stop payment instruction, provision of section 138 of the Negotiable Instrument Act is not attracted in the matter. An objection filed by the applicant in this respect was illegally rejected. It was further submitted that the revision filed against the order of the Magistrate dated 25.3.2015 was also illegally rejected. Learned counsel for the applicant contended that there was no any liability of the applicant to pay any amount to the opposite party no.2. The cheque in question had been given to the opposite party no.2 as security. When applicant demanded the cheque in question from the complainant-opposite party no.2, he told that cheque is misplaced and as and when it is traced out, it will be paid to him (applicant). Thus, the summoning order was passed clearly in violation of the settled legal position.;