- (1.) Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the complainant and perused the record.
(2.) This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the order dated 29.10.2015 passed by Additional Chief Judicial Magistrate-II, Kanpur Nagar and entire proceeding of Complaint Case No. 3342 of 2013 (Pradeep Pratap Singh Vs. Om Narayan Kushwaha) under Section 138 of Negotiable Instrument Act, Police Station Barra, District Kanpur Nagar.
(3.) Submission of the learned counsel for the applicant is that complaint is premature. No cause of action was arisen in favour of the complainant to file the present complaint as notice is said to have been sent on 10.10.2011. Specific date for service of notice has not been disclosed. Calculation of 15 days for making the payment of the amount if taken into consideration, the complaint cannot be made. Learned counsel for the applicant has placed reliance on the law laid down by the Supreme Court in case of Yogendra Pratap Singh Vs. Savitri Pandey and another, 2014 10 SCC 713.;