JUDGMENT

Mrs. Manju Rani Chauhan, J.

Heard Mr. Rakesh Kumar Srivastava, learned counsel for the applicant, Mr. K.P. Pathak, learned AGA for the State and perused the records.

2. The present application under Section 482 Cr.P.C. has been filed to quash the summoning order dated 30.01.2020 as well as the entire proceedings of Complaint Case No.08 of 2020, (Netrapal Awana v. Omkar Lohiya), under section 138 of Negotiable Instruments Act, 1881, Police Station-Phase-II NOIDA, District Gautam Buddh Nagar, pending in the Court of the Additional Court No.3, Gautam Buddha Nagar.

3. Brief facts of the case are that the opposite party no.2 filed a complaint under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') against the applicant stating therein that the applicant and opposite party no.2 are known to each other and on 10.06.2018, the applicant came to the house of opposite party no.2 and requested for Rs.10 lacs, which was needed by him. The aforesaid amount was given to him on 20.06.2018 by the opposite party no.2 with a condition that the same will be returned by the applicant within six months. Thereafter, in December, 2018, when the opposite part