- (1.) Heard learned counsel for the applicant and learned counsel for the opposite party no.2 as well as learned A.G.A. for the State.
(2.) This Application u/s 482 Cr.P.C. has been filed with a prayer to quash the proceedings of complaint case no.3435 of 2014 (M/s. S.E. Investment Ltd. Vs. Shiv Veer Singh Bhadauria) under section 138 Negotiable Instrument Act, Police Station Hari Parwat, District Agra pending in the Court of Additional Chief Judicial Magistrate, Court No.8, Agra. Further prayer has been made to stay the effect and operation of the summoning order dated 27.10.2014 passed in the aforesaid complaint case.
(3.) Submission of the learned counsel for the applicant is that initially the complaint was filed before the Court of Additional Chief Metropolitan Magistrate (East), Delhi as complaint case no. 3435 of 2014 in which the applicant appeared and obtained the bail. Proceedings under section 251 Cr.P.C. were also adhered, but at the stage of evidence, an application was moved by the complainant to withdraw the complaint. The Court concerned vide order dated 7.8.2014 disposed of the complaint. The operative portion of the order dated 7.8.2014 is as follows : "The complaint stands disposed of as withdrawn. The complainant is at liberty to file the complaint in the court of proper jurisdiction as per law. File be consigned to record.";