- (1.) This application under section 482 Cr.P.C. has been filed with a prayer to quash the impugned order dated 22.12.2015 as well as summoning order dated 25.5.2009 passed in complaint case no.964/773 of 2009/2015 (M/s. Praveen Batteries Vs. M/s. Madan Pal Batteries) under section 138 Negotiable Instruments Act, Police Station T.P. Nagar, District Meerut pending in the Court of Chief Judicial Magistrate, Court No.8, Meerut. Further prayer has been made to stay the further proceedings of the aforesaid complaint case.
(2.) Heard Sri Rakesh Kumar Gupta, learned counsel for the applicant and learned A.G.A. for the State.
(3.) Submission of the learned counsel for the applicant is that the court below has illegally passed the order dated 22.12.2015 whereby the application dated 26.10.2015 has been rejected by the Magistrate concerned. It was further submitted that in fact, application, said to have been moved on 26.10.2015, was not in existence. An application dated 28.8.2015 moved on behalf of the applicant in compliance of the order dated 11.8.2015 passed by this Court in Application u/s 482 No.8277 of 2010 is still pending and the same has not been disposed of by the court concerned. If the order dated 22.12.2015 would continue, the applicant would suffer an irreparable loss. Matter has been settled between the parties, therefore, the observation made by the court below is illegal.;