Siddharth - (1.) Heard Sri K.K. Dwivedi, learned Counsel for the applicant and Sri Prateek Kumar, learned Counsel for the opposite party No.2.
(2.) The above application has been filed praying for quashing the complaint and entire criminal proceedings of Case No. 467 of 2002, under Section 138 Negotiable Instrument Act, Police Station Etmaddaula, District Agra, pending in the court of VIIIth A.C.J.M., Agra.
(3.) The opposite party No.2 filed a complaint, being partner of M/s Sterling Machines Tools, a registered partnership firm against the applicant alleging that the applicant purchased diesel engines and generating sets from the complainant worth Rs. 30,47,170/- till 30.4.2000; that the accused admitted liability and issued a cheque of Rs. 24,47,170/- drawn on State Bank of Hyderabad, Srikakulam; that the aforesaid cheque was presented for encashment through Canara Bank, Naraich, Agra and was returned by Bank with the endorsement of "Accounts Closed" on 16.6.2000; a registered notice was sent to the accused-applicant on 22.6.2000 through the counsel, but the amount was not paid even after the expiry of 15 days and hence the complaint was filed.;