SANDEEP AGGRAWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD .

(2.) BY means of this petition moved under section 482 of Code of Criminal Procedure (for short Cr.P.C.) 1973, the petitioner has sought quashing of the proceedings of criminal complaint case no. 1349 of 2008 (old no. Misc. Case No. 279 of 2008 & 1778 of 2008), Govind Ballabh Raturi vs. Sandeep Agarwal, relating to offence punishable under section 138 of Negotiable Instruments Act, 1881, P.S. Nehru Colony, pending in the court of Judicial Magistrate, I, Dehradun.

(3.) LEARNED counsel for the petitioner argued that the criminal complaint filed by respondent no. 2 was admittedly barred by time. However, an application was moved by the complainant with the criminal complaint, proviso to clause (b) of section 142 of Negotiable Instruments Act, 1881, for condonation of delay which was allowed by Judicial Magistrate, without issuing notices to the accused (petitioner).