SMT. RIZWANA BEGUM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ankit Agrawal, holding brief of Sri Dharmendra Singhal, learned counsel for the applicant and learned Additional Government Advocate for the State. None is present for opposite party no. 2, though the counter affidavit filed on behalf of opposite party no. 2 is on record.

(2.) The applicant, Smt. Rizwana Begum, through this application moved under Section 482 Cr.P.C., 1973 has invoked the inherent jurisdiction of this Court with a prayer to quash the complaint registered at Complaint Case No. 302 of 2005 (Mohd. Shakir v. Smt. Rizwana Begum), under section 138 of the Negotiable Instruments Act, pending before Judicial Magistrate, Court no. 7, Allahabad.

(3.) It is submitted by learned counsel for the applicant that brief facts which are requisite to be stated for adjudication of the application are that a complaint under section 138 of the Negotiable Instruments Act has been filed by the opposite party no. 2 against the applicant for alleged dishonour of cheque No. 1550709 dated 31.7.2004 to the tune of Rs. 1,25,000/-. The alleged cheque when produced for encashment returned unpaid with the Bank memo dated 3.8.2004 which was received by the complainant on 5.8.2004. The notice as contemplated under section 138(b) of the Negotiable Instruments Act was given to the applicant on 19.2.2005 i.e., virtually after 6 and half months from the receipt of dishonour memo while it should have been given within one month from the receipt of Bank memo.