ORDER :

1. Though notice was served to respondent No.2 but, it was refused.

2. Rule returnable forthwith. Mr. Soham Joshi, learned APP waives service of notice of rule for and on behalf of the respondent No.1-State.

3. By way of present application, applicant No.2 herein has prayed for quashing and setting aside the proceedings arising from Criminal Case No. 51616 of 2015 pending before the Court of learned 12th Additional Senior Civil Judge & Additional Chief Judicial Magistrate, Vadodara dated 28.9.2015 under the provision of Section 138 of Negotiable Instruments Act.

4. The brief facts of the complaint are as under:-

4.1 Respondent No.2-original complainant, Managing Partner of M/s. Priyasha Money Lending Company filed a complaint on 28.9.2015 inter alia contending that the complainant firm had lent Rs.16,00,000/- to the applicant No.1 as the applicant No. 1 was in need of money for the purpose of his business. It is case of the complainant that against the outstanding amount of Rs.6,00,000/-, applicant No.2 had paid the amount through cheque dated 23.8.2014. Further the complainant alleged that Rs.24,96,320 was outstanding towards the amount lent by the complainant. It is the furthe