- (1.) Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
(2.) This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the further proceeding of Complaint Case No. 2225 of 2014 (Rajmal Jain Vs. Rakesh Kumar), under Section 138 of Negotiable Instrument Act, Police Station Hari Parwat, District Agra, pending in the Court of 2nd Additional Chief Judicial Magistrate, Agra.
(3.) Submission of the learned counsel for the applicant is that there was no liability to pay any amount therefore proceeding of the aforesaid complaint case is abuse of process of the law. On the facts of the complaint, summoning order could not be passed. Learned Magistrate did not apply judicial mind and passed illegal order. It was further argued that since possession was not delivered of the disputed property to the applicant and transaction was not materialized, therefore, provision under Section 138 of Negotiable Instrument Act could not be attracted. Learned counsel for the applicant at this stage placed reliance on the law laid down by the Hon'ble Supreme Court in Indus Airways Ptv. Lid. And others Vs. Magnum Aviation Ptv. Ltd. and another decided on 07.04.2014 in Criminal Appeal No. 830 of 2014.;