JUDGMENT :

1. Heard Sri Rajendra Babu Gaur, learned counsel for the applicant and Sri K.K. Rajbhar, learned AGA, who appears for the opposite party no.1.

2. The present application purported to be under Section 482 Cr.P.C. for quashing of the Complaint Case No.1546 of 2020, (Anuj Traders Vs. Surendra Singh) under Section 138 of the Negotiable Instrument Act, 1938 P.S. Tilhar, District Shahjahanpur arising out of summoning order dated 4.3.2021 passed by Civil Judge, Junior Division/Judicial Magistrate, Shahjahanpur.

3. Briefly stated the facts of the case are that the opposite party no.2 lodged a complaint against the applicant for the offence under Section 138 of N.I. Act alleging that the applicant had taken loan of a certain amount from the opposite party no.2. It has further been lodged previously also the applicant used to take loan/financial assistance from opposite party no.2.

4. Consequently, the applicant issued a cheque of State Bank of India Branch Tilhar having account no.39516567432 dated 29.10.2020 and when the said cheque was submitted in the bank account of the opposite party no.2, then the same was not passed for the reason that request of stop payment has been made by