GIRISH BHARATI Vs. STATE OF UP

JUDGEMENT

(1.) This is an application under Section 482 Cr.P.C. moved on behalf of the accused of Complaint , under Section 138 Negotiable Instruments Act, 1881 (hereinafter re-ferred to as 'the Act') P.S. Harbanshmohal, District Kanpur Nagar pending in the Court of Metropolitan Magistrate, Court No.10, Kanpur Nagar. Heard learned counsel for the applicant, learned AGA for the State and perused the record.

(2.) A complaint was lodged by the respon-dent No.2 against the applicant for the of-fence under Section 138 of the Act. After evidence under Section 200 Cr.P.C. accused was summoned to face the trial. Aggrieved by this order, the instant application has been filed.

(3.) Main ground of challenging the order of summoning the accused by the trial court pressed by the learned counsel for the ap-plicant is that date of service of statutory notice has not been mentioned in the com-plaint which is required to be served under Section 138 of the Act.