JUDGMENT :

1. Heard Shri Ganesh Shankar Srivastava, learned counsel for the applicant, Sri Pankaj Saxena, learned A.G.A. for the State and perused the material on record.

2. This petition under section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) has been filed with prayer for quashing of the summoning order dated 17.8.2015 passed by the Additional Chief Judicial, Magistrate, Court No. 10, Varanasi in Complaint Case No. 1153 of 2015 (Manoj Kumar vs Sanjay Singh) under Section 138 of the Negotiable Instruments (N.I.) Act, Police Station, Sigra, District-Varanasi. The applicant has also challenged the revisional order dated 28.10.2015 passed by the Additional Sessions Judge, Court No. 4, Varanasi in Criminal Revision No. 317 of 2015 (Sanjay Singh vs State of U.P. and others) as also the entire proceedings of the aforesaid complaint case.

3. By order dated 15.2.2016 a notice was issued to Opposite Party No.2/complainant and as per the office report dated 17.8.2016 notice issued to Opposite Party No. 2 has been served. However, no one has put in appearance for the Opposite Party No. 2.

4. The facts of the case as stated by the learned counsel for the applicant are that the applica