- (1.) The present application has been filed by the applicant with the prayer to quash the proceedings of complaint case no. 597/9 of 2014 under Section 138 Negotiable Instrument Act pending in the court of Additional Chief Judicial Magistrate, Court No.4, District - Moradabad as also to quash the order dated 20.10.2015 passed by the Additional Sessions Judge, Court No.12, Moradabad in criminal revision no. 283 of 2014. Further prayer has been made to stay the further proceedings of the aforesaid Case.
(2.) Heard Shri Bharat Singh, 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 nine cheques were said to have been issued by the applicant and out of which, some cheques were valid on the day the same were presented before the bank. Thus, the cheques were presented before the Bank after the prescribed period of validity. The present complaint was filed without expiry of the prescribed period as provided under the Statute. The concerned Magistrate as well as the Revisional Court did not consider these aspects of the matter and passed illegal orders. It was further submitted that no cause of action arose to file the complaint. On the basis of those cheques, which were become invalid, the complaint cannot go-on. The prescribed period i.e. 15 days to make the payment good was also not given to the applicant therefore, on this ground also no cause of action arose to the opposite party no.2 to file complaint under the aforesaid Section. It was further submitted that information regarding stoppage of payment was also given to the Bank, which is clear from the memo returned by the Bank to the complainant. No prima-facie case is made out against the applicant. The impugned orders suffer from illegality and infirmity.;