MANJEET GABA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The quashing of a criminal proceeding relating to an offence punishable under section 138 of the N.I. Act has been sought for precisely on two fold grounds.

(2.) Firstly, the cheque in question although was drawn on a joint account but while was issued nor by the joint account holders but one of them, who is not the petitioner.

(3.) Secondly, on the ground although this is a Magistrate triable case and the accused person is residing beyond the local limit of that particular court but without complying with the mandatory provisions of section 202 of the Code of Criminal Procedure summons have been issued.