BABBAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER Babban Singh has filed this application for quashing the order of cognizance dated 17.8.2005 passed by Sri Premchand Anal, Judicial Magistrate, 1st Class, Patna, in Complaint Case No. 526(c)/2005 by which he has taken cognizance for offence punishable under Section 138 of N.I. Act against the petitioner. It is a case of cheque bouncing.

(2.) ONLY point raised on behalf of the petitioner is the institution of case after expiry of mandatory period of one month of such issuance of notice.

(3.) ADMITTED position is that complaint was filed after expiry of one month of such communication of bouncing of the cheque. The notice was not served in time and there is non-observance of Section 142 of N.I. Act.