LAKHAN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present criminal appeal arises out of the judgment/order dated 11.5.2007 passed by the trial court under Section 138 of Negotiable Instrument Act whereby learned Magistrate has acquitted Smt. Indresh Sharma respondent no.2 of the offence under Section 138 of the Negotiable Instrument Act.

(2.) As per the record, a complaint was filed by Lakhan Singh (the present appellant) against Smt. Indresh Sharma under Section 138 of the Negotiable Instrument Act on 24.12.2002. The court below has registered the complaint and ordered that statement under Section 200 Cr.P.C. be recorded. After recording of the statement under Section 200 Cr.P.C. and 202 Cr.P.C., accused was summoned on 6.3.2003 under Section 138 of the Negotiable Instrument Act to face trial. Accused appeared and the accusation was explained to her. Statement of prosecution witnesses were examined and after statement under Section 313 Cr.P.C. of the accused defence witness were examined and after hearing the arguments the court below acquitted the accused on the ground that the filing of the complaint was premature and also the cognizance taken was also premature as 15 days has not elapsed after service of notice.

(3.) Feeling aggrieved this criminal appeal has been filed.