- (1.) Heard learned counsel for the applicant, learned A.G.A. for State and perused the record.
(2.) This application under Section 482 Cr.P.C. has been filed by the applicant with prayer to quash/set aside the summoning order dated 06.02.2014 passed by Additional Chief Judicial Magistrate, Court No. 3, Varanasi in Complaint Case No. 2212 of 2013 (now complaint Case No. 15 of 2015) (Atul Kumar Pandey Vs. Arvid Kumar Dubey), pending in the Court of Additional Chief Judicial Magistrate, Xth, Varanasi, Police Station Bhelupur, District Varanasi.
(3.) Submission of the learned counsel for the applicant is that present complaint was filed on the basis of false fact and the same cannot continued against the applicant. Referring to the Annexure No. 9 regarding stop payment, it was also argued that the cheque in question was mis-placed, therefore, information was given to the bank and other authority. There was no liability to pay the amount as disclosed in the cheque. It was further argued that a cheque in question was presented before the bank manipulating the amount and making the forge signature. Thus, referring to the grounds taken in the affidavit of the application, prayer has been made to quash the entire proceedings of the aforesaid complaint case. Learned counsel for the applicant has also referred to the provision of Section 138 of Negotiable Instrument Act.;