- (1.) The present application u/s 482 Cr.P.C. has been filed with the prayer to quash the summoning order dated 29.6.2015 passed by II- Additional Chief Metropolitan Magistrate, Kanpur Nagar, District Kanpur Nagar in complaint case no. 2028 of 2015 under Sections 138 of the Negotiable Instrument Act. Further prayer has been made to stay further proceedings of the aforesaid case.
(2.) Heard Sri O.P. Singh learned Senior Advocate assisted by Sri Hari Narayan Singh and Kunwar Ritesh Kumar, learned counsel for the applicant as well as learned A.G.A. for the State.
(3.) Submission of the learned counsel for the applicant is that date of service of the notice is not clear in the notice nor in the complaint, thus, there was no cause of action in favour of the opposite party no. 2 to file the present complaint. Legal requirement of the law as proceeded under Negotiable Instrument Act was also not fulfiled, therefore, also proceeding of the aforesaid complaint is abuse of the process of law. At this juncture, learned counsel for the applicant refers to the paragraph no. 22 and 23 of the affidavit of the application and argued that application be allowed and entire proceedings of the aforesaid case be quashed.;