Vijay Lakshmi, J. - (1.) Heard learned counsel for the applicant and learned A.G.A. for the State. Perused the records. The applicant, by means of this application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with prayer to quash the entire proceedings of Complaint Case No.1328 of 2016, Amarpal Yadav Vs. Manish Yadav, under Section 138 of N.I. Act, P.S. Sector 49, Noida, District-Gautam Buddh Nagar, pending in Court of learned Judicial Magistrate, Gautam Buddh Nagar.
(2.) Learned counsel for the applicant has contended that the applicant had not given any cheque to the complainant/O.P. No.2 and the version presented by the complainant/O.P. No.2 in his complaint is absolutely false. It is further contended that no business transaction between them regarding sale and purchase of any property had ever taken place. In fact, on 17.7.2015 the applicant had lost his two cheque books of State Bank of India and of ICICI Bank while he was going to his village. On the same date he had intimated both the banks orally about loss of his cheque books and pass books. It is also argued that the complainant deliberately sent the notice on the village address of the applicant instead of his present address as the applicant presently resides at Sector 49 Gautambudh Nagar. Much stress has been laid on the point that the notice sent by the complainant was never served on him as there is no mention either in the complaint or in the statements recorded under Sections 200 and 202 Cr.P.C. about the date of service of notice on the applicant. The contention of learned counsel for the applicant is that there is no evidence that notice has been sent through postal service. On the aforesaid grounds it has been contended that the entire proceedings of the aforesaid complaint case are liable to be quashed.
(3.) Reliance has been placed on two single bench judgments of this Court rendered in Deepak Kumar & AM. Vs. State of Uttar Pradesh & Anr, 2007 2 CivCC 467 (ALL) on application under Section 482 Cr.P.C. and Kanhaiya Lal & Anr vs. State of U.P. & Anr, in Criminal Revision No.563 of 2008.;