Karuna Nand Bajpayee, J.

This application under Section 482 Cr.P.C. has been filed seeking the quashing of impugned order dated 10.09.2009, passed by the learned Additional Chief Judicial Magistrate, Court No. 5, Allahabad as well as entire proceeding in Complaint Case No. 389 of 2009 (Girija Prasad v Shri Apurva), under sections 138 of the Negotiable Instruments Act (which is herein after referred to as "the Act") and 420 IPC, P.S. Dhoomanganj, District Allahabad pending in the court aforesaid.

2. List has been revised. Despite repeated calls none has appeared on behalf of the opposite party no. 2-Girija Prasad. Shri Siddharth, learned counsel for the applicants is present along with learned AGA. This application is of year 2010. In the wake of heavy pendency of cases in this Court where dockets are already bursting on their seams there is no justifiable reason to further procrastinate the matter. Pleadings have already been exchanged. This Court, therefore, deems it fit to proceed in the matter on the basis of the record and with the assistance of the learned AGA representing the State.

3. Shorn of unnecessary details, the basic facts of the case are enumerated below:

4.