Amar Singh Chauhan, J. - (1.) Heard Shri Samit Gopal, learned counsel for the applicant, learned A.G.A. for the State, Shri Pankaj Kumar Asthana, learned counsel for the opposite party no. 2 and perused the material on record.
(2.) The applicant, Chintamani Jaiswal, 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 proceedings of Criminal Complaint Case No. 773 of 2006 (Naresh Kumar Bansal Versus Chintamani Jaiswal), under Section 138 Negotiable Instruments Act, P.S. Shakti Nagar, District Sonbhadra, pending in the court of C.J.M., Sonbhadra 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 complaint was filed by the opposite party no. 2 against the applicant with the allegation that applicant had given two cheques of Rs. 40,000/- each on 19.12.2000 and those cheques were presented for payment in bank on 19.4.2001 but the same was returned with the endorsement that the firm had already been close down and thereby cheques were dishonoured. The complainant had sent two notices to the applicant on 28.4.2001 and 16.5.2001 but he did not receive those notices and were returned unclaimed. After recording the statement under Sections 200 and 202 Cr.P.C. and on being satisfied, the process was issued against the applicant, against which he has filed the criminal revision no. 29/2003 which was dismissed.;