AMAR SARAN, J. - (1.) HEARD learned Counsel for the applicant and learned Additional Government Advocate.
(2.) THIS application has been filed for quashing an exparte order dated 28-5-2005 passed by the Additional Sessions Judge, Court No. 13, Kanpur Nagar in Criminal Appeal No. 9 of 2005, under Section 138 of Negotiable Instruments Act dismissing the appeal for non-prosecution and the order dated 27-9-2006 whereby the learned Judge has refused to recall the said order dated 28-5-2005. In my opinion this case can be decided at this stage itself relying on the case laws cited by the learned Counsel for the applicants and there is no need to issue notice to opposite party No. 2 or directing the State to file a counter-affidavit and keeping this matter unnecessarily pending before this Court. This position has not been disputed by the learned Additional Government Advocate.
(3.) THE facts of this case were that the applicant had been convicted by the Special Metropolitan Magistrate, Kanpur Nagar by an order dated 24-12-2004 in case No. 675 of 2003 and sentenced to three months simple imprisonment under Section 138 of the Negotiable Instruments Act because his cheque of Rs. 1,30,000 had bounced. The learned Magistrate also directed the applicant to pay a sum of Rs. 1,80,000/- to the complainant as compensation within 30 days from the date of order, failing which he will have to pay interest on the sum at the rate of 10% per annum till the date of payment of the amount.;