GANESH PRASAD TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Gaurav Kakkar learned counsel for the applicant and learned AGA for the State.

(2.) THIS application under Section 482 has been filed for quashing the entire proceedings of Complaint Case no. 231 of 2013 under Section 138 of the Negotiable Instrument Act, pending in the court of Judicial Magistrate IInd, Allahabad.

(3.) THE contention of learned counsel for the applicant is that the complaint was filed on 14.02.2013. Neither in the complaint nor in the statement under Section 200 Cr.P.C., the date of service of notice required to be served upon the drawer of the cheque, has been specifically stated. He further submits that fifteen days time is available to the drawer from the date of service of the notice contemplated in sub -section (b) of Section 138 to make the payment under the bounced cheque and before the expiry of this period of fifteen days, from the receipt of notice, the proceedings cannot be initiated. It is therefore the contention of learned counsel for the applicant that this date must clearly be specified in the complaint as also in the statement of the complainant recorded under Section 200 Cr.P.C.