MOHD FURQAN Vs. STATE OF U P

JUDGEMENT

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

(2.) The Criminal Misc. Application under section 482 Cr4. P. C. has been filed with the prayer to quash the proceeding of Case No. 3462/9 of 2011 (Aftab Ahmad vs. Mohd. Furqan under section 138 N. I. Act, PS. Mughalpura, District Moradabad pending before A. C. J. M, Court No. 4, Moradabad. ?

(3.) Learned counsel for the applicant submitted that according to the complaint case a cheque for a sum of Rs. 1,00,000/- was issued on 1.3.2010 by the applicant. When that cheque was presented at? Lal Bagh, Branch, Moradabad, it was dishonoured on the ground of insufficient fund and on 15.06.2010 cheque was returned. However, that cheque was re-presented before the bank and it was again dishonoured due to insufficient fund on 16.7.2010. Thereafter a notice was given on 24.7.2010 and after that notice was returned on 31.7.2010 as unclaimed and after that the complaint dated 6.9.2010 was filed. Hence there was no compliance of the provision and there was delay because in view of the section 138 of Negotiable Instrument Act, the complainant ? was required to give notice within thirty days from the date of the communication of dishonour of the cheque. The cheque was dishonoured first time? on 15.6.2010 and again was dishonoured on 16.7.2010. However, notice was given on 24.7.2010? after one month, from the date when on first time cheque was returned, hence the complaint in the present case is not maintainable. He also contended that even the notice was not? served upon the applicant. Hence on this ground also the complaint is not maintainable and the same is liable to be quashed.