- (1.) Heard learned counsel for the applicant, learned AGA for the State and perused the record.
(2.) The application u/s 482 Cr.P.C. has been moved for quashing the proceedings of Complaint Case No.3711 of 2015, Shanti Prasad Jain Vs. Mukesh Ahuja, under section 138 N.I. Act, P.S. Kotwali, District Jhansi, pending in the Court of A.C.J.(C.D.)/A.C.J.M., Jhansi.
(3.) Learned counsel for the applicant contended that the applicant has been falsely implicated for the offence under section 138 N.I. Act for dishonour of cheque; that the true fact is that the purse of the applicant had fallen down in which some signed cheques were also kept and the same was found by the opposite party no.2, who filled up the cheque no.721515 himself mentioning an amount of Rs.2,50,000/- and date 30.5.2015, deposited in his bank account, which was dishonoured due to insufficient funds, as mentioned in para 7 of the affidavit; that in complaint case, it has not been alleged that no previous complaint was moved for same cause of action, apart from which the date of service of legal notice dated 14.9.2015, has not been disclosed and address of applicant on the notice was also incomplete; that in absence of specifying the date of service of notice, the notice will be deemed to have been served on the expiry of 30 days from the date of issuance of notice i.e. on 14.10.2015 and the complaint filed on 13.10.2015 is to be treated as premature, having been filed before due service of the notice; that the impugned order of taking cognizance of offence on complaint, is liable to be quashed; that the impugned order of taking cognizance and issuing process has been passed on the same day of the arguments, without application of mind; that the proceedings of compliant case are liable to be quashed on above counts.;