Amar Singh Chauhan, J. - (1.) Heard Shri S.P. Srivastava, learned counsel for the applicant and learned A.G.A. for the State. None appeared on behalf of opposite party no. 2.
(2.) The applicant, Rajesh Kumar Gupta, through this application moved under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with a prayer to quash the entire proceeding of Case No. 3669 of 2006, under Section 138 Negotiable Instruments Act, 1881 (Guddu Versus Rakesh @ Rajesh Kumar Gupta @ Rajesh), P.S. Naini, Allahabad, pending in the court of A.C.J.M., Court no. 2, Allahabad and further prayed to stay the proceedings in the aforesaid case.
(3.) Brief facts which are requisite to be stated for the adjudication of the application are that the applicant is the proprietor of M/s Sarvashri Sulaki Lal and carrying business of sweets, namkeen, paneer and milk which is situated at Mirzapur Road, Naini, Allahabad. The goods of Rs. 35,100/- was ordered for being supplied by the applicant and a cheque was issued bearing no. 0231730 dated 16.6.2003 and when the cheque was presented before the Union Bank of India, Naini Branch, Allahabad, it was dishonored and refused with the endorsement of 'insufficient fund'. The notice dated 1.7.2003 as contemplated under Section 138(b) of the Negotiable Instruments Act was given to the complainant but the applicant did not honour the cheque, hence complaint has been filed. After recording the statement under Sections 200 Cr.P.C. and also perusing the documentary evidence under Section 202 Cr.P.C. and on being satisfied, the process was issued against the applicant.;