RAJESH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) In all the aforesaid petitions under Section 482 Cr.P.C., common question of law arises for consideration as to whether the complaint under Section 138 of Negotiable Instruments Act can be dismissed for want of proper service of notice as required under the Act.

(2.) The petitioner in all the aforesaid 3 petitions is Rajesh Singh, against whom the opposite party no.3 filed a complaint under Section 138 of the Negotiable Instruments Act with the allegation that the cheque issued by him towards his outstanding dues, was dishonoured for the reason that sufficient fund was not available in his account. The opposite party no.3 thereafter filed three separate complaints under Section 138 of the Act and after the summoning order was passed and the petitioner came to know about the summoning order passed by the Magistrate, he approached this Court by way of filing this petition under Section 482 Cr.P.C. with the prayer that the summoning order be quashed and the entire proceedings of the complaint be also quashed because there is no allegation in the complaint that the statutory notice was served upon the petitioner.

(3.) I have heard Shri Shikhar Srivastava, learned counsel for the petitioner and Kunwar Sushant Prakash, learned counsel for opposite party no.3 and also perused the record.