By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) the petitioner has sought quashing of the proceedings of criminal complaint case no. 73 of 2001 Mehandi Hassan vs. Pradeep Kumar, relating to offence punishable under section 138 of Negotiable Instruments Act, 1881, pending before the Judicial Magistrate-Ist Class, Kashipur, District Udham Singh Nagar.

2. Heard learned counsel for the parties and perused affidavit and counter affidavit.

3. Brief facts of the case are that respondent no. 2/complainant filed the criminal complaint before the trial court alleging that in respect of a deal of sale of land, the petitioner had given cheque No. 998204 dated 15.04.2001, for an amount of Rs. 75,000/- to the complainant (respondent No. 2)., When the said cheque was presented before the Bank the same was got dishonoured. On this complainant got served notice dated 08.05.2001, on the petitioner, but no payment was made by him within fifteen days. Hence, the criminal complaint was filed.

4. The trial court appears to have dismissed the criminal complaint vide order dated 08.11.2001 under section 203 of Cr.P.C. However, the complain