- (1.) Heard Sri Rajiv Lochan Shukla, Sri Dhirendra Kumar Ojha 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 proceedings of Complaint Case No. 849 of 2015 (Smt. Priyanka Verma Vs. Samir Kumar Agarwal) under Section 138 Negotiable Instrument Act, P.S. Civil Lines, District Allahabad, pending in the Court of Additional Chief Judicial Magistrate, Court No. 10, District Allahabad as well as summoning order dated 26.5.2015 passed in the aforesaid case. 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 concerned Magistrate while passing the summoning order has placed reliance on the affidavit filed as evidence under Section 202 Cr.P.C. It was also argued that evidence under Section 202 Cr.P.C. cannot be taken on affidavit. It was further argued that cheque in question had been given as security cheque. Thus on the basis of information payment was not made as is clear from memo issued by the bank itself.;