LALIT KUMAR CHHIBAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Sivendra Raj Singhal, learned Advocate, holding brief of Shri Dharmendra Singhal, learned counsel for the applicant and learned A.G.A. for the State.

(2.) The applicant, Lalit Kumar Chhibar, through this application moved under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with a prayer to quash proceeding of Complaint Case No. 204 of 2009 (Yogesh Kumar Dutta Vs. Lalit Kumar Chhibbar), under Section 138 N.I. Act, P.S. Civil Lines, Moradabad, pending before Judicial Magistrate, Moradabad 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 with the allegation that the applicant had issued post-dated cheque no. 125853 dated 10.8.2008 of Rs. 1,50,000/- which was presented in his saving bank account no. 4070000100062802 of Punjab National Bank, Kanth Road Branch, Moradabad to get the aforesaid cheque credited in his said account but the aforesaid cheque was returned to the opposite party no. 2 by his banker with the endorsement 'no debit allowed.'