- (1.) B. K. Rathi, J. This revision has been preferred under Sections 397/401, Cr. P. C. against the order, dated 28-3-1998 passed by IInd Additional Sessions Judge, Kanpur Nagar in revision No. 258 of 1997.
(2.) THE facts of the case are as follows: The applicant filed a complaint under Section 138 Negotiable Instrument Act against the opposite party No. 2. The opposite party No. 2 appeared in the case and filed objections for discharge alleging that the complaint is not maintainable. The objection of the opposite party No. 2 was rejected by the Vllth Metropolitan Magistrate. Kanpur Nagar on 11-7-1997. Therefore, he preferred the above criminal revision which has been allowed and he has been discharged and the com plaint has been dismissed. Aggrieved by that order, the complainant has preferred this revision. I have heard Sri K. K. Tripathi, learned Counsel for the revisionist. None appeared for the opposite party No. 2 and therefore, they could not be heard. How ever, I have gone througluhe record.
(3.) TWO chequos were issued by the opposite party, each for Rs. 50,000, which were dishonoured on 27- 4-1995 and 19-7-1995 respectively. Notice was sent, as re quired by the law, on 20-7-1995 and it was personally served on opposite party No. 2 on 26- 7-95. However, the complaint was not filed within one month from the date of service of the notice, though the payment was not made within fifteen days.;