MANAS KARMAKAR Vs. JAYPRAKASH PRASAD

JUDGEMENT

(1.) The petitioner has challenged the order dated Nov. 12, 2013 passed by learned Judicial Magistrate, 8th Court, Alipore in connection with A.C. 2082 of 2011, by which learned Magistrate rejected the prayer of discharge of the petitioner from the criminal proceeding under Sec. 138 of the Negotiable Instruments Act.

(2.) The backdrop of preferring the present revisional application is as follows :

(3.) Relying on the decision of the Supreme Court in "Yogendra Pratap Singh Vs. Savitri Pandey " reported in (2015) 1 C. Cr. L.R (SC) 241 , learned counsel for the petitioner submits that the offence under Sec. 138 of the Negotiable Instruments Act is made out against the petitioner on Aug. 10, 2011, i.e. after lapse of 15 days from the date of receiving notice by the petitioner on July 26, 2011. He further submits that the present complaint being premature cannot be allowed to continue, as continuation of such criminal proceeding will amount to an abuse of the process of the court.