SURYA PRAKASH KESARWANI, J. - (1.) The present application under Section 482 Cr.P.C., 1973 has been filed by the applicant with the prayer to quash the entire proceeding of Complaint Case No. 380 of 2015 (Arshad Saeed v. Chand Mohd.), under Section 138 Negotiable Instruments Act, Police Station Rakabganj, District Agra, pending in the court of Addl. Chief Judicial Magistrate, Court No. 12, Agra as well as the order dated 29.04.2015. Further prayer has been made to stay the further proceedings of aforesaid criminal complaint case.
(2.) Heard learned counsel for the applicant and the learned AGA appearing for the State.
(3.) Learned counsel for the applicant submits as under: (i) Complaint Case No. 380 of 2015 (Arshad Saeed v. Chand Mohd.), under Section 138 Negotiable Instruments Act, has been filed in the court of Addl. Chief Judicial Magistrate-12, Agra on 29.04.2015 i.e. beyond 30 days of the date of return of the complaint on 13.03.2015 by the Addl. Chief Judicial Magistrate, Baadi, Dhaulpur, (Rajasthan). Thus, the complaint has been filed beyond limitation as provided by the judgment of Hon'ble Supreme Court in the case of Dashrath Rupsingh Rathod v. State of Maharashtra, (2014) 9 SCC 129 (para 22). (ii) Without taking evidence the applicant was summoned by order dated 29.04.2015. (iii) Notice under Section 138 N.I. Act was not served upon the applicant and therefore, the complaint could not have been proceeded. ;