LAWS(ALL)-2017-4-128

HARI MOHAN AGRAWAL Vs. STATE OF U.P.

Decided On April 20, 2017
Hari Mohan Agrawal Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard learned counsel for the applicant and the learned A.G.A.

(2.) Learned counsel for the applicant submits that the notice under Sec. 138-B of the N.I. Act, 1881 dated 28.05.2015 given by the opposite party no.2 to the applicant, was a defective notice due to non compliance of the provision of the Sec. 138 of the Act and as such the entire proceedings in Complaint Case No.6072 of 2015 (Indresh Kumar Vs. Hari Mohan Agarwal) under Sec. 138 N.I. Act, Police Station Kotwali, District Jhansi as well as the order dated 05.11.2017 passed by the learned Additional Session Judge, Court No.5, Jhansi in Criminal Revision No.221 of 2015, deserve to be quashed.

(3.) Learned A.G.A. supports the impugned order.