- (1.) This petition under Section 482 Cr.P.C. has been filed challenging the order dated 03.01.2006 passed by Additional Chief Judicial Magistrate III, Lucknow as well as criminal proceedings of case no. 3495 of 2005 under Section 138 of the Negotiable Instruments Act (hereinafter referred to as "the Act') read with Sections 406 & 420 IPC.
(2.) It appears that Smt. Niru Bajaj filed a complaint before Magistrate under Section 138 of the Act alleging that two cheques issued by Sri Vinod Arora drawn on Union Bank of India were dishonoured by the Bank on the ground of insufficient funds and despite notice, the amount was not paid.
(3.) It was alleged in the complaint that on behalf of the petitioner, a sum of Rs. 15,000/- was taken as loan and against the said amount two cheques were issued by Sri Vinod Arora, who was Managing Director of the Company. The cheques were issued with the consent of Smt. Dolly Arora, Director of the Company. Learned Magistrate summoned Sri Vinod Arora, Managing Director and present petitioner. After summoning, the accused persons appeared and secured bail. Thereafter discharge application was filed, which was rejected vide order dated 03.01.2006, which order has been impugned in this petition.;