LAWS(ALL)-2015-5-476

RAM BHUWAN SHUKLA Vs. STATE OF U.P.

Decided On May 26, 2015
RAM BHUWAN SHUKLA Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) By means of this petition, under Section 482 of Cr.P.C., the petitioner has prayed for quashing the entire criminal proceedings including summoning order dated 16.05.2009 arising out of Complaint Case No.4268 of 2009 (Jawahar Lal Vs. Ram Bhuwan), under Section 138 of Negotiable Instruments Act (in short 'NI Act'), Police Station Dhammaur, District Sultanpur.

(2.) Heard learned counsel for the petitioner, learned A.G.A. for the State and learned counsel for the opposite party no.2 and perused the records.

(3.) The sole ground taken by the petitioner for quashing the aforesaid proceedings is that the complaint is premature. In this context, he pointed out that notice of demand has been given to the petitioner by registered post on 06.09.2008 giving seven days time for making the payment and thereafter, the complaint was filed on 12.09.2008.