DINESH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Man Mohan Singh, learned counsel for the applicant and Sri Rajeev Kumar Singh, learned A.G.A. for the State.

(2.) The instant application under Sec. 482 Cr.P.C. has been filed seeking quashing of the entire criminal proceedings of Complaint Case No. 1397 of 2021 (Rajveer Singh vs. Dinesh Kumar) under Sec. 138 of Negotiable Instruments Act, 1881, Police Station-Jaithra, District-Etah as well as order dtd. 16/8/2022.

(3.) Learned counsel for the applicant relying upon the judgement of the Coordinate Bench of this Court in the case of Mamta Gautam vs. State of U.P. passed in Criminal Revision No. 530 of 1998 dtd. 2/5/2000 has vehemently submitted that the instant complaint case filed by the opposite party no. 2 is time barred as the legal demand notice was sent on 18/2/2021 which was served on 19/2/2021 on the applicant, therefore the complaint ought to have been filed within one month from the date of service of notice. However, in the instant case the complaint was filed on 2/4/2021 which is beyond the period of one month from the date of service of notice, therefore, learned counsel for the applicant seeks quashing of the entire proceedings of the instant case.