Hon’ble R.K. Rastogi, J.—This is an application under Section 482, Cr.P.C. to quash the proceedings of complaint case No. 6424 of 2006, Rajani Traders v. Muzahir Hussain under Section 138 Negotiable Instruments Act, P.S. Banna Devi District Aligarh and the summoning order dated 7.11.2006 passed by the C.J.M. Aligarh in the above complaint.

2. The facts giving rise to this application under Section 482, Cr.P.C. are that the complainant opposite party No. 2 had filed the aforesaid complaint against the accused applicant in the Court of C.J.M., Aligarh on 2.9.2006 with these allegations that the accused had purchased cloth from the shop of the complainant opposite party No. 2 on 31.3.2006. In respect of the above transaction, bill No. 2742 had been issued to the accused applicant; and for payment of that bill, the accused applicant issued Cheque No. 868315 dated 29.5.2006 for Rs. 26,000/- drawn on Allanabad Bank, Aligarh Muslim University Branch, Aligarh, and another Cheque No. 868316 dated 29.7.2006 for Rs. 9808/- drawn on the same Bank. The complainant deposited the first Cheque in his Account in the Bank of India but the Cheque was returned back for insufficiency of funds as