Om Prakash-VII,J.

Heard Sri Diwan Aslam learned counsel for the applicant and the learned A.G.A. for the State.

2. This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Complaint Case No. 362 of 2014 (Ram Singh Vs. Sumit) under Section 138 Negotiable Instrument Act, P.S. Kasimabad, District Ghazipur, pending in the Court of II Additional Judicial Magistrate, Mohammadabad Ghazipur as well as the summoning order dated 7.5.2015 and N.B.W. dated 7.11.2015 passed in the aforesaid case. Further prayer has been made to stay the further proceedings of the aforesaid case.

3. Submission of the learned counsel for the applicant is that complainant has not disclosed the date of service upon the applicant in the complaint. There was no cause of action in favour of the opposite party no. 2 to file the complaint against the applicant. Present proceeding of the aforesaid complaint case is abuse of the process of law.

4. Learned A.G.A. appearing for the State argued that summoning order was passed by the concerned Magistrate in accordance with law. There is no illegality, infirmity and impropriety in the summoning order. On the ground of missing of the cheque