- (1.) HEARD learned counsel for the applicant and learned A.G.A.
(2.) THIS Criminal Misc. Application under Section 482 Cr. P.C. has been filed by the applicant with the prayer to quash the further proceeding of case no. 868 of 2012 pending before Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No. 1, Bulandshahr as well as further proceeding in pursuance of the summoning order dated 1.9.2012 under Section 138 of N.I. Act. Further prayer has been made to stay the further proceedings of the aforesaid case.
(3.) IT appears that the complaint was filed for the offence committed by the applicant under Section 138 Negotiable Instrument Act. The court concerned recorded the evidence and summoned the applicant vide order dated 1.9.2012 to face the trial. Since the accused -applicant did not turn up, therefore, N.B.W. was issued against the applicant. It is the submission of the learned counsel for the applicant that the complaint has been filed beyond the prescribed period and no order condoning the delay in filing the complaint has been passed by the concerned court, therefore, order summoning the applicant is illegal.;