- (1.) HEARD learned counsel for the applicant, learned A.G.A. and learned counsel for the opposite party No.2.
(2.) BY means of this petition under Section 482 Cr.P.C., learned counsel for the applicant has prayed for quashing the summoning order dated 15.9.2008 passed by Chief Judicial Magistrate, Jhansi, and also the entire proceedings of the Case No.2961 of 2008, under Section 138, Negotiable Instruments Act read with Sections 406,420 I.P.C. Learned counsel for the applicant has challenged the maintainability of the com- plaint filed against the applicant and submits that the summoning order dated 15.9.2008 passed by Chief Judicial Magistrate, Jhansi, is bad in law. Hence the proceedings of the case may be quashed. The first contention of learned counsel for the applicant is that the Negotiable Instruments Act is a complete code and the accused could only be summoned under Section 138 of Negotiable Instruments Act and not under the provisions of Indian Penal Code. The second contention of learned counsel is that the complaint under Section 138 of Negotiable Instruments Act is time barred.
(3.) HOWEVER, to meet the first contention of learned counsel for the applicant, learned counsel for the opposite parties has relied upon the Full Bench decision of Andhra Fradesh High Court in M/s OPTS Marketing Pvt. Ltd, and others v. State of Andhra Pradesh and others reported in 2001 Cr. LJ 1489. I have considered the submissions made by learned counsel for the parties and gone through the record.;