JUDGMENT :

SAMEER JAIN, J.

1. Case called out in the revised list. Despite service of notice, none appeared on behalf of the opposite party no. 2.

2. Heard Sri. Manoj Kumar Rai, learned counsel for the applicant, learned AGA for the State-respondent and perused the record.

3. The present application u/s 482 Cr.P.C. has been filed by the applicant to quash the proceedings of Complaint Case No. 1690 of 2007 (Surendra Singh vs. Virendra Kumar Sharma), under Section 138 Negotiable Instruments Act, P.S. Bhelpur, District Varanasi pending before IInd Chief Judicial Magistrate, Varanasi.

4. Learned counsel for the applicant, at the very outset, contended that he is challenging the proceeding pending against the applicant only on the sole ground that without recording the statements of opposite party No. 2 and witnesses, under sections 200 and 202 Cr.P.C. summoning order dated 2.2.2008 was passed by the learned Additional Chief Judicial Magistrate, Court No. 2, Varanasi against the applicant, therefore, entire proceeding of the impugned complaint case, pending against the applicant, is bad in the eye of law.

5. Except this, no other argument was advanced on behalf of the applicant.

6. Per contra,