RAJESH ARORA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard the learned counsel for the applicant, learned A.G.A. and perused the record.

(2.) The instant petition has been filed with a prayer for quashing the summoning order dated 1.9.2009 passed by the Judicial Magistrate, Court No.5, Mathura in Complaint Case No. 205 of 2009, Tej Pal Vs. Rajesh Arora, under Section 138 Negotiable Instrument Act, police Station Raya, district Mathura.

(3.) The contention of the learned counsel for the applicant is that the complaint filed by the opposite party no. 2 in respect of the cheque issued by the applicant was dishonoured by the bank due to insufficient amount. The notice was sent by the opposite party no. 2 on 13.2.2009 by a registered post thereafter a complaint was filed on 26.3.2009 but the complaint does not indicate as to when the applicant has received the said notice, therefore, in the absence of mentioning the date of receiving of the notice the complaint is defective and barred by the provisions of Section 138 Negotiable Instruments Act. It has further been contended that the summoning order passed by the court below on the basis of the affidavit filed in support of the complaint moved by the opposite party no. 2 suffers from manifest error of law hence the same is liable to be quashed.