SMT. KAMAL DIXIT @ ARPNA BARTARIA @ KAMMO Vs. DHARMENDRA

JUDGEMENT

(1.) This petition under Sec. 482 of Crimial P.C. has been filed for quashing the further proceedings in Criminal Case No.639/2012 which was instituted by the respondent under Sec. 138 of Negotiable Instruments Act.

(2.) The undisputed necessary facts for the disposal of this petition are that on 21.05.2012, a statutory notice informing the applicant with regard to the return of the cheque was issued by the complainant/respondent. However, without waiting for completion of statutory period of fifteen days, a complaint under Sec. 138 of Negotiable Instruments Act was filed on 31.05.201

(3.) It is submitted by the counsel for the applicant that the Supreme Court in the case of Yogendra Pratap Singh Vs. Savitri Pandey and Ano., reported in (2014) 10 SCC 713 has held as under:-