JUDGMENT :

Arun Kumar Singh Deshwal, J.

1. Heard learned counsel for the applicant and Sri Arbind Kumar, learned A.G.A. for the State.

2. The present 482 Cr.P.C. application has been filed for quashing of entire proceeding as well as summoning order dated 22.11.2023 passed by learned Additional Chief Judicial Magistrate, Second, Jaunpur in Complaint Case No.13185 of 2023 (Jay Prakash Upadhyay Vs. Rakesh Upadhyay), under Section 138 of N.I. Act, Police Station Sujanganj, District Jaunpur, pending in the Court of Additional Chief Judicial Magistrate, Second, Jaunpur.

3. Facts giving rise to the present case are that the opposite party no.2 had filed a complaint under Section 138 N.I. Act against the applicant with the allegation that the complainant and the present applicant were good friends and the applicant was involved in property dealing. He assured the complainant to provide him with land. For that purpose, Rs.20,00,000/- (Rupees Twenty Lac) was taken by the opposite party no.2 as advance, but subsequently, the applicant did not execute the sale deed of the land despite repeated requests of the complainant. The applicant issued two cheques for each Rs.10,00,000/- (Ten Lac) on 02.03