- (1.) Heard learned counsel for the applicant and learned A.G.A. for the State.
(2.) This Application u/s 482 Cr.P.C. has been filed by the applicant to quash the summoning order dated 21.9.2013 passed in complaint case no.551/9 of 2013 (Raju Vs. Proprietor Shiv Kumar Yadav) under section 138 Negotiable Instrument Act, Police Station Daurala, District Meerut pending in the Court of Additional Chief Judicial Magistrate, Court No.10, Meerut as well as the order dated 7.8.2015 passed by the Additional Sessions Judge, Court No.1, Meerut in criminal revision no.504 of 2013.
(3.) Submission of the learned counsel for the applicant is that a revision was filed against the summoning order, which was dismissed by the revisional court illegally. There was no liability to pay any amount, therefore, no question arises to issue the cheques. The cheques in question were misplaced / lost and a case in this regard has also been registered and investigation is going on. This fact was not considered by the courts below in right perspective. The cheques in question were issued in the year 2008. Cognizance was taken in the year 2013, which is barred by limitation as provided under the Negotiable Instrument Act. It was further submitted that the cheques were presented before the Bank by committing fraud. Thus, prayer has been made to allow the application and set-aside the orders passed by the courts below.;