JUDGMENT :

VIVEK AGARWAL, J.

1. Heard Sri. Sanjeev Kumar Shukla, learned counsel for the applicant and Sri. Janardan Prakash, learned AGA for the State.

2. This application under Section 482 Cr.P.C. has been filed on behalf of the accused seeking quashing of the entire proceedings of Complaint Case No. 417 of 2019 (Nasreen vs. Dharmendra) under Section 138 of the Negotiable Instruments Act, 1881, Police Station-Kotwali, District-Jaunpur as well as summoning order dated 07.08.2019, pending in the Court of Judicial Magistrate-1st, Jaunpur and non-bailable warrants issued on 08.01.2021, on a singular ground that the impugned order dated 07.08.2019 does not disclose that complainant had appeared before the court concerned and had given his evidence under Sections 200-202 Cr.P.C.

3. Sri. Janardan Prakash opposes the prayer made by learned counsel for applicant.

4. After hearing learned counsel for the parties and going through the record, it will be just and proper to refer to the provisions contained in Section 145 of the Negotiable Instruments Act, 1881, which reads as under:-

“Evidence on affidavit:

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),