NITIN JAIN Vs. STATE OF U.P

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Present 482 Criminal Procedure Code petition has been filed for quashing the proceedings of complaint case no.2234 of 2008, under Section 138 Negotiable Instruments Act, pending before the Chief Judicial Magistrate, Etah.

(3.) It is contended by the learned counsel for the applicants that a misplaced cheque of the applicants was misused by the opposite party no.2 and the present criminal proceeding under Section 138 Negotiable Instruments Act has been initiated against the applicant. It is further contended that no date of receipt of notice has been specified and, therefore, no proceedings under Section 138 Negotiable Instruments Act could have been drawn against the applicants. It is lastly contended that no amount was due to be paid by the applicants and, therefore, initiation of proceedings under the charged section is bad in law.