(1.) G. P. Mathur, J. The applicant Prem Chandra Sharma initially filed a petition under Section 482, Cr. P. C. for quashing of the complaint dated 17-9-1990 and the summoning order dated 11-1-1991 passed by the 2nd Addl. C. M. M. , Kanpur Nagar. Subsequently by order dated 29-5-1991 the appli cant was permitted to convert the petition into a criminal revision. The applicant then converted the petition into a criminal revision under Section 397/401, Cr. P. C.
(2.) IT is contended by the learned Counsel for the applicant that the complaint filed by M/s. Anamika Traders under Section 138 of the Negotiable Instruments Act, was barred by limitation. The complaint shows that the accused gave a cheque dated 18-1-1990 to the complainant. The said cheque was deposited in bank on 8-7-1990 but was returned to the complainant by the bank on 11-7-1990 on the ground that the requisite amount was not available in the account of the accused. The complainant then gave a registered notice on 25-7-1990 which was served upon the accused applicant on 6-8-1990 asking him to pay the money within 15 days. However, as the accused did not deposit the amount the complainant filed the present complaint on 17-9-1990.
(3.) LEARNED Counsel for the applicant next contended that Prein Chandra Sharma, proprietor of Daya Brick Field, had sent a letter on 28-3-1990 to M/s. Anamica Traders informing it that he had issued instructions to the Bank not to honour the cheque as per the settlement arrived at between the parties on 15-3-1990 and, therefore, the cheque was wrongly presented to the Bank by the complainant and the accused had committed no offences. In support of this submission reliance was placed on two documents, Annexures 4 anu 5 which have been filed along with the affidavit which was filed in support of the original petition under Section 482, Cr. P. C. In this revision I am required to judge the legality or propriety of the summoning order dated 11-1-1991 passed by the learned Magistrate. The documents on which the learned Counsel has placed reliance are not part of the record of the case before the learned Magistrate. At this stage it cannot be said whether the aforesaid letters were really sent by Prem Chandra Sharma or whether the aforesaid letters are genuine or not. The learned Magistrate has passed the summoning order on the basis of the statements under Sections 200 and 202, Cr. P. C. and the documents filed by the complainant which are on the record of the case. Therefore, it cannot be said that there is any illegality in the summoning order dated 11-1-1991.