Honble R.K. Rastogi, J.—This application under Section 482, Cr.P.C. has been filed for quashing the order dated 21.10.2002 passed by Sri Arvind Kumar, Judicial Magistrate, Sadabad District Hathras in Criminal Application No. 117 of 2002 under Sections 420, 406, I.P.C. and 138 Negotiable Instruments Act.

2. The facts relevant for disposal of this application are that the complainant opposite party No. 2 moved an application under Section 156(3), Cr.P.C. against the accused applicant Smt. Shobha Kulshrestha and one Smt. Shakuntala Devi with these allegations that the complainant is owner of a brick-kiln and both the accused persons purchased bricks from him and gave a Cheque of Rs. 1,35,000/- to him on 20.12.2000. This Cheque was sent to the Bank for payment but the Bank refused to make payment on account of insufficient funds. On the basis of this information the complainant gave a notice to the accused persons on 4.10.2001. But neither the accused made payment nor gave any reply in spite of service of above notice. Then the complainant gave another notice on 12.11.2001 but of no avail. Thus the accused had committed an offence under Section 138 of Negotiable Instruments Act