Present application under Section 482 of the Cr.P.C. is directed against the summoning order dated 11.12.2003 by which the applicant has been required to appear before the Special Judicial Magistrate, Haridwar in criminal case no. 561 of 2003, Sudesh Kumar v. Ashish Dwivedi & Other under Section 138 of the Negotiable Instruments Act.

2. Applicant Ashish Dwivedi has made a prayer to quash the summoning order dated 11.12.2003 as well as the proceedings of the aforesaid criminal case no. 561 of 2003, Sudesh Kumar v. Ashish Dwivedi & Other under Section 138 of the Negotiable Instruments Act pending in the Court of Special Judicial Magistrate, Haridwar.

3. A complaint case was filed by Sri Sudesh Kumar/respondent no. 2 against the applicant Ashish Dwivedi under Section 138 of the Negotiable Instruments Act on the allegation that a cheque bearing no. '679856' dated 1.6.2002 drawn at Indian Overseas Bank, Kankhal Branch was issued to the complainant by the applicant for payment of Rs. 3 lakhs towards the consideration of the sale deed executed on 26.2.2002. The aforesaid cheque dated 1.6.2002 was presented by the complainant on 27.6.2002 and was returned by the bank on 28.6.2002 wi