R.M. Chhaya, J.—By way of this petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code for the sake of brevity), the petitioner has prayed for quashing of the impugned complaint dated 1.12.2009 filed against the petitioner as well as the proceedings of Criminal Case No.1503 of 2009 pending before the Court of JMFC, Dakor. It appears from the record of the petition that respondent No.2 has filed the present complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act). As narrated in the complaint itself, the applicant decided to pay a sum of Rs.6 lacs and in turn, respondent No.2 - original complainant agreed to mortgage the property belonging to respondent No.2 being agricultural land bearing account No.178, survey No.117 part, admeasuring 26357 sq. mtrs. i.e. 11 Vighas. It is further narrated in the complaint that the applicant gave the following three cheques :

Sr. Particulars Cheque Date Amount

No. No.

1. State Bank of India, 654721 22.9.2009 Rs. 2 lacs

Usmanpura Branch,

Ahmedabad.

2. State Bank of India, 654722 27.9.2009 Rs. 2