DILEEP SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD , the learned counsel for the applicant, the learned AGA for the State and perused the record.

(2.) THE instant application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the complaint case no. 1121 of 2008, Mahesh Singh Vs. Dillep Sharma, under Section 138 N. I. Act, P.S. Jagdishpura, District Agra, pending before the court of learned Additional Chief Judicial Magistrate(VI), Agra, whereby the cognizance has been taken against the applicant by order dated 18.11.2008.

(3.) IT is contended by the learned counsel for the applicant that the complaint does not speak about the service of notice upon the applicant with re gard to the dishonour of cheque. There is no provision in the Negotiable Instrument Act with regard to the issuance of notice twice and as such the summoning order passed against the applicant suffers from manifest error of law.