ABDUL JAKIR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri V.S. Kushwaha, Advocate, for applicant and learned A.G.A. for State. None has appeared on behalf of respondent-2 though name of Sri S.K. Purwar is shown in cause list as counsel for respondent and the case has been called in revise. Hence, I proceed to hear and decide this matter after hearing learned counsel for applicant and learned A.G.A.

(2.) This application under Section 482 Cr.P.C. has been filed praying for quashing of proceedings in Complaint Case No. 117/918 of 2005 (Suresh Vs. Jakir), under Section 138, Negotiable Instruments Act, 1881 (hereinafter referred to as "Act, 1881") and Sections 504, 506 I.P.C., Police Station Mahrauni, District Lalitpur.

(3.) It is contended that a cheque of Rs. 14,000/- was issued by applicant on 20.05.2002 to complainant which according to complainant himself was dishonoured about one and half year back of the date of complaint filed under Section 138 of Act, 1881 read with Sections 504, 506 I.P.C. and therefore the same is not entertainable being barred by limitation provided under Section 142 of Act, 1881.