Manoj Misra, J.

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

2. The instant application has been filed seeking quashing of the proceedings of Criminal Case No.382 of 2012 (State v. Alok Kumar Gupta), under sections 420, 406 I.P.C. pending in the court of A.C.J.M.-VIII, Aligarh.

3. A perusal of the record would go to show that according to the prosecution case, a cheque of Rs. 50,000/- was issued by the applicant for the purchase of certain jewelry items on 7.1.2014, which was submitted for encashment but the bank concerned returned the cheque for want of sufficient funds in his account. It is alleged that later, the applicant manipulated with the Bank and, on a back date, got a letter received from the applicant to stop payment on the aforesaid cheque.

4. The submission of learned counsel for the applicant is that in respect of dishonor of cheque, proceeding under section 138 N.I. Act have already been initiated, therefore, prosecution under section 420 I.P.C. is not legally justified. The other submission is that from the statement of the bank manager, which has been recorded during the course of investigation, it has come that t