MOHAMMAD YASIN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD 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. 707 of 2014 (Phulwari Singh Vs Mohammad Yaseen) under Section 138 of the Negotiable Instrument Act, P.S. Sikandaramau, District Hathras pending in the court of Judicial Magistrate Sikandaramau, District Hathras as also the summoning order dated 18.02.2015 passed therein.

(3.) IT has been submitted that a complaint was filed by the opposite party claiming that two cheques namely Cheque no. 4544 dated 07.07.2014 for a sum of Rs. 4.2 lakhs and Cheque no. 4542 dated 10.07.2014 for a sum of Rs. 3.8 lakhs bounced on 14.07.2014. The registered notice was sent to the applicant on 28.07.2014, although the postal receipt filed shows that it is dated 30.07.2014. The complaint itself was filed on 21.08.2014 i.e. after 21 days from the date of dispatch of notice whereupon the summoning order has been issued.