(1.) Heard learned counsel for the applicant and Sri Raj Bahadur Verma, learned A.G.A. for the State.
(2.) The present 482 Cr.P.C. application has been filed to quash the summoning order dtd. 5/12/2023 as well as entire proceeding of Complaint Case No.2464 of 2023 (Sunny Vs. Vijay Kumar), under Sec. 138 of N.I. Act, Police Station Kavi Nagar, District Ghaziabad, pending in the court of learned Civil Judge (J.D.) F.T.C., Ghaziabad.
(3.) Opposite party no.2 had filed a complaint against applicant under Sec. 138 N.I. Act with the allegation that opposite party no.2 had given Rs.3,00,000.00 on the request of applicant in the month of October, 2022, thereafter, just to repay that amount applicant issued a Cheque No.737727 dtd. 4/7/2023 of Rs.3,00,000.00 from his account maintaining by him in Shivalika Mercantile Co-operative Bank Ltd. Branch Bhatiya Road, Ghaziabad, same was presented before the bank on 11/7/2023, but the same was returned by the bank on 12/7/2023 with the endorsement 'account closed'. Thereafter, opposite party no.2 sent registered notice on 9/8/2023 to the applicant demanding the payment of cheque amount within 15 days, but applicant has not paid any amount, therefore, the complaint was filed and statement under Sec. 200 Cr.P.C. was also filed on affidavit and the learned Magistrate on the basis of material on record, summoned the applicant by order dtd. 7/2/2024 after condoning the delay in filing the complaint by order dtd. 8/11/2023 which is impugned in the present case.