JUDGMENT :

ARUN KUMAR SINGH DESHWAL, J.

1. Heard Sri Bhuvnesh Kr. Singh, learned counsel for the applicant, Sri Sushil Kr. Chaturvedi, learned counsel for opposite party No. 2 and Sri Rajeev Kr. Singh, learned A.G.A. for the State.

2. The instant application has been filed seeking quashing of entire proceeding of Complaint Case No. 14 of 2018 (Smt. Manju Sharma vs. Jitendra Mangala), u/s 138 N.I. Act, P.S. Tajganj, District Agra, pending before the Additional Court No. 1, Agra as well as summoning order dated 1.9.2018.

3. The factual matrix giving rise to the present case are that the complaint was filed by opposite party No. 2 against the applicant u/s 138 N.I. Act. In the aforesaid complaint, it was mentioned that cheque was issued by M/s Prerana Construction Pvt. Ltd., but only the present applicant who is the proprietor of the company M/s Prerana Construction Pvt. Ltd. was impleaded as accused. The court below after perusal of the record, summoned the present applicant by summoning order dated 1.9.2018 and by way of present application, the proceeding of aforesaid complaint case is under challenge.

4. Learned counsel for the applicant submits that it is undisputed that the cheque in