JUDGMENT :

1. By means of instant application the applicant has approached this Court challenging the proceedings of Complaint Case No. 2233 of 2021[Satpal Naagar v. Shiv Kumar Sharma], under Section 138 of the Negotiable Instruments Act, 1881[the N.I. Act], Police Station Phase-2, District Gautam Buddh Nagar and summoning order dated 05.04.2022 passed by Additional Chief Judicial Magistrate-III, Gautam Buddh Nagar.

2. Brief facts of the case are; a complaint under Section 138 of the N.I. Act was filed against the applicant with the allegation that the applicant having good relations with opposite party no. 2 demanded an amount of Rs. 1,25,00,000/-requesting him to become a partner in his business, which was being run by him since 2013. The opposite party no. 2, on the assurance of the applicant, gave an amount of Rs. 1,25,00,000/-. It has further been alleged that the applicant, having the intention of cheating, showed profit in the Firm for the year 2014-15 and returned an amount of Rs. 8,00,000/-to the opposite party no. 2. On being asked to return the balance amount, the applicant gave Cheque No. 097414 dated 24.03.2021 of Rs. 20,00,000/-. The said cheque was presented by the com