KAMAL CHAND PATEL Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicants and learned A.G.A. representing the State. Perused the records.

(2.) This application under Section 482 Cr.P.C. has been filed by applicant Kamal Chand Patel against State of U.P. and another with prayer to quash impugned order dated 21.1.2020 as well as entire proceedings of Complaint Case No. 1850 of 2017, under Section 138 of N. I. Act, Mohd. Habib Vs. Kamal Chand Patel, P.S. Soraon, district Allahabad, pending in court of Special Judge N.I. Act, Allahabad.

(3.) Learned counsel for the applicants argued that entire proceeding of complaint case is an abuse of process of law. It was a pre-matured complaint because there is no mention of date of service of legal notice, whereas it was served upon applicant on 01.12.2017 and without expiry of 15 days period, this complaint has been filed. The cheque was dishonoured for the first time on 13.9.2017 and there is endorsement of above dishonour, but for creating a cause of action for limitation, it was falsely stated that it was subsequently presented for encashment, but it was again dishonoured, whereas no such presentation was there. This cheque was in lieu of security and it was not on account of any liability. It was misused for which an F.I.R. has been lodged by way of an application u/s 156(3) Cr.P.C. against complainant. Besides those legal defects, this summoning order was there. Hence an application for discharge was moved and it too was rejected vide order dated 21.1.2020, without considering the facts written therein. Those contents were not written in the impugned order. Thus, entire proceeding of complaint case as well as impugned order passed on discharge application is under abuse of process of law. Hence this application with above prayer.