Muzammil Hussain vs State Of U.P. And Another
2015 Latest Caselaw 266 ALL

Citation : 2015 Latest Caselaw 266 ALL
Judgement Date : 30 April, 2015

Allahabad High Court

Muzammil Hussain vs State Of U.P. And Another on 30 April, 2015

Bench: Yashwant Varma




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- APPLICATION U/S 482 No. - 11340 of 2015
 

 
Applicant :- Muzammil Hussain
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Sanjay Mishra
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Yashwant Varma,J.

Heard learned counsel for the applicants and learned A.G.A.

This application under Section 482 Cr.P.C. seeks quashing of the proceedings of Complaint Case No. 03 of 2015 alleging offences under Sections 138 of Negotiable Instruments Act, Police Station Kotwali, District Aligarh pursuant to the summoning order dated 11.02.2015 passed by the learned Judicial Magistrate, Court No. 3, District Aligarh.

Learned counsel for the applicants has contended that the Cheque in question was dated 1st March, 2014 and was presented on 3rd March, 2014. The Memo of Bank evidencing dishonour thereof is dated 5th April, 2014. He submits that admittedly the first notice under Section 138 of the Act was issued on 9th April, 2014 whereas the complaint was lodged on 3rd June, 2014. He, therefore, submits that the cognizance taken by the concerned Magistrate is in violation of Section 142 of the Act aforementioned. He has further submitted that in the complaint filed, there were no prayer for condonation of delay in instituting the complaint in terms of the proviso to Section 142.

The matter requires consideration.

Issue notice to the respondent no. 2 returnable within four weeks.

Learned A.G.A. as well as the noticed respondent shall file their replies within the aforesaid period.

Let this matter be listed before the appropriate Court in the second week of July, 2015.

In the meanwhile and until further orders of this Court, further proceedings in Complaint Case No. 03 of 2015 alleging offences under Sections 138 of Negotiable Instruments Act, Police Station Kotwali, District Aligarh pursuant to the summoning order dated 11.02.2015 passed by the learned Judicial Magistrate, Court No. 3, District Aligarh, shall remain stayed.

This matter shall not be treated as tied up or part heard to this Bench.

Order Date :- 30.4.2015

Arun K. Singh