MANISH RASTOGI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri L. M. Singh, learned counsel for applicant and learned A.G.A. for State. None has appeared on behalf of respondent. Since this is an old matter of 2007, hence, I proceed to hear and decide this application after hearing aforesaid counsel.

(2.) This application under Sec. 482 of Cr.P.C. has been filed praying to quash proceedings in Complaint Case No.4424 of 2007, Police Station-Anwarganj, District-Kanpur Nagar under Sec. 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as "Act, 1881") pending in the Court of M. M. Xth Kanpur Nagar.

(3.) It is contended that cheque was issued on 7/10/2006, presented for encashment on 3/11/2006 and it was returned back with remark of 'closed account' on 8/11/2006. Same was received by complainant on the same day. Demand notice was issued on 22/11/2006 which was received by complainant on 24/11/2006 but complaint has been filed on 22/6/2007 i.e. after more than five months. Therefore, complaint under Sec. 138 Act, 1881 is barred by Sec. 142 (1) (b) of Act, 1881 and summoning order dtd. 22/8/2007 is patently illegal and bad in the eyes of law.