ORDER :

(Karunesh Singh Pawar, J.)

1. Heard learned counsel for the applicant and learned A.G.A. for the State.

2. In view of the order which is proposed to be passed, notice to respondent no. 2 is dispensed with.

3. By This petition, the petitioner has prayed for quashing the impugned proceeding of complaint case No. 3792/9 of 2016 as well as the summoning order dated 05.04.2016 passed by the learned trial court.

4. Brief facts of the case is that an offer was given by the applicant to the complainant to keep his money with him. Believing that the complainant deposited Rs 1,00,000/-with the applicant in presence of a witness and promised to pay him back anytime after 1 year. The complainant further gave different amounts on different dates and all those amounts were got entered into a passbook by the applicant. After one year, the complainant demanded his money back, then on 10.09.2015, a check of rupees Rs. 3,50,000/- drawn at Punjab National Bank numbered as 958870, and another check dated 20.09.2015 of Rs. 3,50,000/-, numbered is 958871 were given at the house of the complainant by the applicant-accused which were presented by the complainant at the concerned bank. Those cheques