Mukhtar Ahmad, J. - (1.) This application under Section 482 Cr.P.C has been directed with the prayer to quash the Complaint Case No. 156 of 2009 under Section 138 Negotiable Instruments Act (in short the Act), Police Station Qursi district, Aligarh including the summoning order dated 23.3.2009 passed by the Judicial Magistrate, Court No.1, Aligarh. Further proceedings of the aforesaid complaint case are also prayed to be stayed.
(2.) A complaint under Section 138 of the Act was filed by the opposite party no.2 (Surendra Kumar Gupta) against the applicant on 30.01.2009 alleging that certain Mobile sets were purchased by the applicant and in lieu of payment, two cheques dated 22.11.2008 of amount of Rs. 17,658/- and Rs. 96,628/- respectively were issued by the applicant in favour of opposite party no.2, which he deposited in his account for encashment on 26.11.2008, were reported to be dishonored on 30.12.2008 with the remark that amount in the account was insufficient and were received back by the applicant on 09.01.2009. It is further alleged that a registered notice dated 14.1.2009 requiring the applicant to pay the amount within 15 days from the date of service of notice was sent to the applicant by opposite party no.2 through his Advocate which was served on 17.1.2009 but the same was not complied with and lastly, above complaint was filed on 30.01.2009.
(3.) After recording statement under Sections 200 and 202 Cr.P.C and going through the material available before him the concerned learned Magistrate took cognizance on 23.3.2009 and assailing the complaint as well the order of taking cognizance, this application has been moved.;