- (1.) The present application under Section 482 CrPC with the prayer to quash the entire proceedings and the impugned order dated 26.6.2015 passed by the Additional Chief Judicial Magistrate-IV, Agra in complaint case no. 1782 of 2015 under Section 138 Negotiable Instrument Act. Further prayer has been made to stay the further proceeding of the aforesaid case.
(2.) Heard Shri Gaurav Sharma, leanred counsel for the applicant as well as the learned AGA appearing for the State and perused the record.
(3.) It was submitted by the learned counsel for the applicant that initially an order was passed by the concerned Magistrate i.e. A.C.J.M. Court No.7, Agra taking recourse of the law laid down by the Apex Court in the case of Dashrath Rupsingh Rathod vs. State of Maharashtra, 2014 9 SCC 129 to return the complaint within a period of 45 days to file the same before the Court having jurisdiction in the matter. It was further submitted that the complaint was not taken back by the complainant within the period provided by the Court but it was returned on 23.6.2015 and the complaint was again filed before the court having jurisdiction on 26.6.2015. Since direction was given to return the complaint within 45 days, registering the case on 26.6.2015 and issuing process against the applicant is illegal. The impugned order suffers from infirmity and illegality.;