- (1.) Heard Sri Vivek Prakash Mishra learned counsel for the applicant and learned A.G.A. for the State.
(2.) This application under Section 482 Cr.P.C. has been filed for quashing the further proceedings of Criminal Complaint Case No. 2302 of 2009 (Ranjan Barua Vs. Anil Mishra) under Section 138 of Negotiable Instrument Act, P.S. Sector 24 NOIDA, pending in the Court of Additional Chief Judicial Magistrate-III Gautam Budh Nagar. Further prayer has been made to stay the further proceedings of the aforesaid case.
(3.) Submission of the learned counsel for the applicant is that proceedings of the aforesaid complaint case relates to the offence under Section 138 of Negotiable Instrument Act. Under the statute, it is provided that trial in such matter would held as summary trial but the Court concerned has proceeded to try the matter as regular trial. It was also argued that offence under Section 138 of Negotiable Instrument Act could not be tried as regular trial, hence, the entire proceedings of the aforesaid complaint case is the abuse of the process of law and is liable to be quashed.;