PANKAJ NAQVI,J. 1 - (1.) . Heard Sri Rakesh Kumar Dubey, learned counsel for the applicant, Sri Vidya Kant Tripathi, learned counsel for O.P. No.2 and the learned A.G.A.
(2.) This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Complaint Case No.83/2014 (Mohd. Riyaz v. Ram Babu ), under Section 138 of the N.I. Act, P.S. Bekanganj, Kanpur Nagar, pending in the court of Metropolitan Magistrate-II, Kanpur Nagar.
(3.) It is submitted by learned counsel for the applicant that in the absence of any disclosure of the date of service of the notice in the complaint, the complaint itself was not maintainable and secondly no cognizance could have been taken on a complaint which was pre-mature. He relied upon the judgments of the Apex Court in Yogendra Pratap Singh v. Savitri Pandey, (2014) 10 SCC 713 and that of Subodh S. Salaskar v. Jay Prakash M. Shah and another, 2008 (13) SCC 689 .;