Heard Sri Rajesh Kumar, learned counsel for opposite party no. 2 and learned AGA for the State.

By the present application u/s 482 Cr.P.C., the applicant has sought for quashing of the proceedings of Complaint Case No. 726 of 2011 pending in the court of Judicial Magistrate, Qayamganj, District Farrukhabad, under Section 420 IPC relating P.S. Kotwali Qayamganj, District Farrukhabad. The applicant has also prayed for quashing of the summoning order dated 26.7.2012 passed by the aforesaid court.

2. According to the complaint case (annexure no. 1 to the application), the allegation in nut shell is that under a works contract with the Irrigation Department, whose officer is the accused (applicant), the complainant supplied goods (being machine, etc.) and completed various formalities, but his final bill payment of Rs. 1,19, 828/- was not being made on account of which he has suffered mental agony as also financial loss. In the statement recorded under Section 200 Cr.P.C. (annexure no. 2 to the application) it has been stated that when the complainant demanded for payment, the accused shouted at him and therefore, it appears that the accused has turned dishonest. In the stat