RISHABH NATH AND OTHERS Vs. STATE OF U.P.
LAWS(ALL)-2008-5-231
HIGH COURT OF ALLAHABAD
Decided on May 08,2008

Rishabh Nath and others Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

AMAR SARAN, J. - (1.) HEARD learned Counsel for the applicants and learned Additional Government Advocate.
(2.) IN this case admittedly the applicants have got themselves bailed out. Now this application has been filed for quashing the further proceedings against the applicants in case No. 1639 of 2007, un­der sections 138/142 of Negotiable Instru­ments Act, pending in the Court of Special Judicial Magistrate, CBI, Ghaziabad.
(3.) PLACING reliance on the decisions of Supreme Court in the case of Prem Chand Vijay Kumar v. Yashpal Singh and another, 2005 (52) ACC 477 (SC) = 2005 (30) AIC 43 (SC). Sadanandan Bhadran v. Mahhavan Sunil Ku­mar, 1998 (37) ACC 574 (SC) and SIL Import, USA v. Exim Aides Silk Exporters, Bangalore, 1999 (38) ACC 858 (SC) learned Counsel for the applicants submits that in this case two notices were issued, first on 31.7.2007 and the second on 15.9.2007. However, I find that in the complaint there is no mention of the first notice. The argument of the learned Counsel for the applicants is that the cause of action arises under section 138 read with 142(b) within 15 days of the re­ceipt of the first notice.;


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