JUDGMENT :

SHIV SHANKER PRASAD, J.

1. Heard Anil Tiwari, learned Senior Counsel assisted by Sri A.P. Paul, learned counsel for the applicant, Sri Suresh Chandra Pandey, learned counsel for opposite party no. 2 and learned A.G.A. for the State.

2. This application under Section 482 Cr.P.C. has been preferred for quashing the entire proceedings of Case No. 235/IX of 2003 (Dina Nath Chaturvedi vs. Maa Sherwali Production and Others), under Section 138 of N.I. Act, Police Station Kotwali, District Mathura, pending in the court of Judicial Magistrate, Mathura.

CASE OF THE APPLICANT:

3. The applicant had given a complaint letter dated 31.10.2002 with Oshiwara Police Station, Mumbai wherein he informed that two cheques bearing No. 210547 and 210546 were stolen from his office. The applicant has also informed his bank i.e. Punjab and Sind Bank, Juhu Branch, Mumbai through the same letter dated 31.10.2002 (Annexure No. 1), wherein he informed the bank not to clear the above mentioned cheques. On 01.01.2003 a phone call was received from the Bank that one of the cheques mentioned in his letter dated 31.10.2002 was presented before the Bank for clearance. The applicant immediately approached the S