- (1.) The present application has been filed by the applicant with the prayer to quash the summoning order dated 23.4.2015 passed by the Judicial Magistrate 2nd, Muzaffar Nagar in complaint case no. 1744/9 of 2015 under Section 138 Negotiable Instrument Act. Further prayer has been made to stay the further proceedings of the aforesaid Case.
(2.) Heard Shri P.K. Srivastava, learned counsel for the applicant as well as the learned AGA appearing for the State and perused the entire record.
(3.) It was submitted by the learned counsel for the applicant that the cheque in question, for which the present complaint has been filed, was issued on 10.12.2009 and the same was presented before the Bank on 1.2.2010, which was not encashed due to insufficiency of fund in the account. The Memorandum was received in this respect to the complainant on 10.3.2010. The complaint was filed after four months. On 25.6.2010, notice was sent through counsel. No registered notice was sent, therefore, presumption could also not be raised in favour of service of notice. The complaint was filed on 26.7.2010 without disclosing the date of service of notice on the applicant. The order for condonation of delay in filing the complaint has not been passed by the concerned Magistrate. Thus, the complaint cannot go-on against the applicant. The impugned orders suffer from illegality and infirmity.;