SANT KUMAR KHERA Vs. STATE OF U P

JUDGEMENT

(1.) M. K. Mittal, J. Application has been filed under Section 482 of Criminal Procedure Code (hereinafter referred as code) to quash the complaint case No. 6533 of 2004, Rajesh Arora v. Sant Kumar Khera, under Section 138 Negotiable Instruments Act (hereinafter referred as Act) pending in the Court of A. C. J. M. , Court No. 46 Agra.

(2.) HEARD Sri Ajay Rajendra, learned Counsel for the applicant, Sri M. N. Jain learned Counsel for the opposite party No. 2, learned A. G. A. and perused the record.

(3.) THE main contention of the learned Counsel for the applicant is that the complainant has not followed the provisions of Sections 138 (c) and 142 (b) of the Act and therefore, the complaint is liable to be quashed. It will be useful to refer to Section 138 (c) of the Act, the relevant portion of which reads as under: "the drawer of such cheque fails to make the payment of the said amount of money to the payee or as the case may be, to the holder in due course of the cheque within fifteen days of the receipt of the said notice. "