Umesh Chandra Srivastava, J. - (1.) Heard Sri Bhavya Sahai and Brijesh Sahai, learned counsel for the applicant, learned counsel for opposite party no. 2 along with learned A.G.A. for the State and perused the record.
(2.) Applicant has filed this application under Section 482 Cr.P.C. with prayer seeking quashing of proceedings of Complaint Case No. 716 of 2012 (M/s. Shivalik Infotech Pvt. Limited Vs. M/s Tritech Enterprises), under Section 138/142 Negotiable Instrument Act, P.S. Sehani Gate, District Ghaziabad, pending before Judicial Magistrate, Ghaziabad.
(3.) Brief facts relevant for the disposal of application are that opposite party no. 2 is the Company engaged in the business of sale of computer and computer parts. Sri Kunal Garg is the Director of Company. Applicant is the proprietor of M/S Tritech Enterprises, who is also engaged in the business of computer. With regard to business carried out between the above mentioned parties, applicant had issued cheque nos. 153255, dated 10.02.2012 for Rs.5,99,037/- and 153256, dated 10.02.2012 for Rs.16,99,115/- in favour of opposite party no. 2-Company and assured that cheques on being presented for encashment would be positively en-cashed. Opposite party no. 2 deposited the aforesaid cheques with its banker for encashment which were returned unpaid with remarks 'stop payment'. After receiving information regarding dishonoring of the cheques, opposite party no. 2 served a demand notice to applicant calling upon him to pay the amount of cheque within fifteen days from the date of service. Despite the said notice being served upon applicant, he did not make the payment of cheques, hence complaint for the offence under Section 138 of Negotiable Instrument Act, was filed against him in which applicant has been summoned to face trial. It is against the summoning order of the, the present application has been filed for quashing the proceedings of the complaint.;