- (1.) Heard Learned Counsel for the applicant and Learned Counsel for the Respondent No. 2 and the learned AGA and also perused the record.
(2.) This is a petition filed under Section 482 of the Code of Criminal Procedure for quashing the proceedings of Complaint Case Nos. 2356 of 2003 (Vipin Kumar v. Yogendra) under Section 138 of the Negotiable Instruments Act, P.S. Kotwali, District Jaunpur pending in the Court of the Chief Judicial Magistrate, Jaunpur.
(3.) The Learned Counsel for the applicant submitted that the complaint filed by the Respondent No. 2 was not maintainable. It was further submitted that the Respondent No. 2 on receiving the information that the cheque tendered by him to the Bank had been dishonoured for want of adequate fund in the account of Respondent No. 2, sent the legal notice to the applicant on 26.11.2002 by registered post, which was properly served on the applicant but Respondent No. 2 did not file any complaint within the statutory period. The Respondent No. 2 served a second notice dated 1.5.2003 on the applicant by registered post and on the basis of that notice, he has filed the present complaint case. The Learned Counsel for the applicant further submitted that it was open to the Respondent No. 2 to file a complaint on the basis of the first notice within the stipulated period but when he failed to file the same within the stipulated period after the service of the first notice, he had no authority to file the complaint by serving the second notice.;