KAMLENNDRA MAHESHWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) The present 482 Cr.P.C. application has been filed to quash the Criminal Complaint Case No. 3042/9 of 2002 (M/S Mithai Udhyog Vs. M/S Pyare Lal Surendra Mohan & Another), under Section 138 N.I. Act, pending in the Court of Additional Chief Judicial Magistrate, Court No.-1, Muzaffarnagar.

(2.) List revised. None is present on behalf of the private respondent. Heard Sri Amit Daga, learned counsel for the applicant and learned A.G.A. for the State.

(3.) Short ground of challenge raised is, the complaint made was premature. Therefore, the cognizance order is without jurisdiction. Undisputedly, a notice under proviso (b) to Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act), was issued to the applicant on 18.10.2002 by registered post and UPC. Such averment had been clearly made in the complaint itself. Though no date of actual service of that notice had been disclosed in the complaint and no assumption as to that fact may exist or arise yet, for the sake of arguments, assuming the notice to have been served on the same date, it is submitted, 15 days time would have to be excluded beginning 19.10.2002 before the cause of action could arise to file any complaint in terms of section 142(1)(b) of the N.I. Act, 1881.