JUDGMENT :

VIRENDER SINGH, J.

1. Petitioner-Abhishek Rao has filed the present petition, under Section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’) with a prayer to quash complaint No. 321-3 of 2015, dated 17th December, 2015, as well as, the proceedings resultant thereto, which are stated to be pending before the Court of learned Additional Chief Judicial Magistrate, Nalagarh, District Solan, H.P. (hereinafter referred to as ‘the trial Court’).

2. For the sake of convenience, the parties to the present lis are, hereinafter, referred to, in the same manner, as, they were referred to by the learned trial Court.

3. Brief facts, leading to the filing of the present petition, before this Court, may be summed up, as under:

3.1. Complainant-Rakesh Kumar has filed the complaint, under Section 138 of the Negotiable Instruments Act (hereinafter referred to as ‘NI Act’), against accused-Abhishek Rao, qua cheque No. 491938, dated 31st August, 2015. The said cheque is stated to be post-dated cheque. The said cheque, when presented for encashment, was returned back with the observation that the person, who has issued the cheque, was not having sufficient funds, in his ac