INDU BHUSAN OJHA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A. for the State respondent.

(2.) The present 482 Petition has been filed for quashing of the criminal complaint case no. 4609 of 2008 under section 138 of Negotiable Instruments Act pending before the Chief Judicial Magistrate, Jaunpur and also for quashing of the order dated 04.05.2010 and also for quashing of the order dated 25.04.2011 whereby bailable warrants have been issued against the applicants.

(3.) Learned counsel for the applicant contends that the mandatory provisions of the Negotiable Instruments Act have not been complied with inasmuch as no notice was ever sent or received by the applicant. It is thus argued that the criminal proceedings under the charged sections is bad in law. It is further contended that no amount is due to be paid by the applicant to the opposite party no. 2.