- (1.) This is an application under Section 482 Cr. P.C. for quashing the complaint case no. 317 of 2013 (Dheeraj Goel Vs. Vs. Deepak Sarin), under Section 138 Negotiable Instrument Act, Police Station Sadar Bazar, pending in the court of learned Special Chief Judicial Magistrate, Agra. Further prayer has also been made to stay the proceedings of the aforesaid complaint case.
(2.) Submission of the learned counsel for the applicant is that the complaint is barred by the provisions of the Negotiable Instruments Act. The complainant did not mention any fact regarding service of the notice upon the applicant. Essential ingredients to constitute the offence under Section 138 of Negotiable Instrument Act are not made out. The amount said to be paid had been paid, therefore, prayer has been made to allow the application and to quash the proceedings of the aforesaid complaint case.
(3.) Learned counsel for the applicant relied upon the following case laws : 1. Order dated 17.9.2013 passed on the Application U/S 482 No. 31702 of 2013. 2. Shakti Travel and Tours Vs. State of Bihar, 2000 LawSuit(SC) 858. 3. Rahul Builders Vs. Arihant Fertilizers and Chemical, 2007 LawSuit(SC) 1198. 4. Aneeta Hada; Anil Hada Vs. Glodfather Travels and Tours Pvt Ltd., 2008 LawSuit(SC) 809.;