- (1.) This application under section 482 Cr.P.C. has been filed with the prayer to quash the entire criminal proceedings of complaint case no. 3447 of 2015 under section 138 of the Negotiable Instruments Act (In Short 'the Act') pending in the Court of Chief Judicial Magistrate, Bijnor as well as the summoning order dated 9.11.2015 passed in the complaint case. Further prayer has been made to stay the proceedings of the aforesaid complaint case.
(2.) Heard Sri Ajeet Srivastava, learned counsel for the applicants and learned AGA for the State.
(3.) Submission of the learned counsel for the applicants is that no offence under section 138 of the Act is made out against the applicants. Six cheques were said to have been issued. There was a business transaction between the parties and an agreement executed between the parties regarding supplying of goods was in existence. The goods were not being supplied properly. Cheques were presented before the concerned Bank manipulating the date and the amount mentioned in it. Since goods were not being supplied, therefore, there was no any liability on the applicants to pay the amount. It was further argued that applicants have informed the Bank for stop payment. Thus, proceedings under section 138 of the Act cannot go on against the applicants. Learned counsel for the applicants has drawn the attention of the Court towards annexure no.3, which is the information given by the applicants to the Bank for stop payment. It was next contended that the present application may be allowed and proceedings of the aforesaid complaint case be quashed.;