Mukhtar Ahmad, J. - (1.) Heard learned counsel for the applicant, learned A.G.A and gone through the record.
(2.) This application under Section 482 Cr.P.C. has been moved by the applicant with a prayer to quash the entire proceedings of Complaint Case No. 3414 of 2008 under Section 138 of N.I Act P.S. Kotwali City, District Bijnor pending before the court of Additional Chief Judicial Magistrate, Court No. 1, Bijnor.
(3.) Factual matrix of the case is that Rs. one lakh was taken as loan by the applicant from opposite party no2 on 29.03.2003 at rate of 24% per anum as interest, as agreed upon between the parties. It is said that in respect of payment of loan a cheque bearing no. 5627643 of Rs. 1,05,800 dated 26.06.2003 was provided by applicant to opposite party no. 2 which was presented in Punjab and Sind Bank, Bijnor for encashment on 27.06.2003 which was dishonoured and intimation in this regard was given to opposite party no. 2 on 30.06.2003. It is further stated that on the assurance made by applicant the cheque was further deposited in the same bank for encashment on 04.09.2003 but again it was dishonoured on 10.09.2003. Thereafter a notice dated 11.09.2003 was sent on behalf of opposite party no. 2 to the applicant but it was returned in collusion with the postman as stated in the complaint. It is the case of opposite party no. 2 that with a view to avoid any technicality the notice was published in newspaper namely Danik Chingaro on 10.10.2003 requiring the applicant to pay the amount within 15 days from the date of publication but the payment was not made by applicant. Lastly complaint under Section 138 NI Act was filed in the court of First Additional Civil Judge Senior Division/ Additional Chief Judicial Magistrate Bijnor on 20.11.2003. After recording the statements under Section 200 and 202 Cr.P.C learned Magistrate summoned the accused applicant vide order dated 1.05.2004 for facing the trial under Section 138 N.I. Act. Thereafter notices were issued but when applicant did not appear before the court then Bailable warrant was ordered to be issued. Now this application has been filed for the reliefs as stated above.;