JUDGMENT :

MANJU RANI CHAUHAN, J.

1. Heard Mr. Prasoon Tomar, learned counsel for the applicant, Mr. Suresh Chandra Pandey, learned counsel for the opposite party no. 2 and Mr. Pankaj Kumar Srivastava and Amit Singh Chauhan, learned A.G.A. for the State and perused the material available on record.

2. The present application under Section 482 Cr.P.C. has been filed to quash the impugned order dated 08.11.2012 by which the learned Magistrate has rejected the Application No. 115B U/s 256 Cr.P.C. in Criminal Case No. 1336/IX/2008 (Radhey Shyam Agarwal vs. Nanak Chand Gautam) U/s 138 N.I. Act, Police Station-Kotwali, Mathura, pending in the Court of VIth Judicial Magistrate, Mathura.

3. The records go to show that a complaint under Section 138 N.I. Act was filed by Late Radhey Shyam Agrawal against the applicant, challenging the proceedings an Application No. 13672 of 1993 (Nanak Chand vs. State of U.P.) was filed before the Hon’ble Court and the Hon’ble Court on 13.09.1993 stayed the further proceedings of the Criminal Case No. 2955/IX/1992, filed under Section 138 N.I. Act. Subsequently, the aforesaid case was dismissed in default and stay order was vacated on 02.09.1997. Earlier, on an