U. C. Dhyani, J.

1. The applicant, by means of present Application under Section 482 Cr. P.C., seeks to quash the summoning order dated 25.10.2008 passed by the Special Judicial Magistrate 1st, Dehradun in Complaint Case No.4037 of 2007 titled as Small Industrial Development Bank of India vs. R. D. Sharma & others under Section 138 of the Negotiable Instruments Act, 1881. The applicant also seeks to quash the proceedings of the aforementioned criminal case pending before the said court.

2. Complainant/respondent no.2 (bank) filed a criminal complaint case against 4 accused persons, including the present applicant for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act) in the court of Chief Judicial Magistrate, Dehradun. After considering the statements under Sections 200 & 202 Cr. P.C., accused-applicant was summoned to face the trial for the offence punishable under Section 138 of the Act, vide order dated 25.10.2008. Aggrieved against the same, present application under Section 482 Cr. P.C. was moved on behalf of accused-applicant.

3. According to the complainant/respondent no.2, the applicant placed a p