AJAI LAMBA,J. - (1.) THIS petition under Section 482, Code of Criminal Procedure, seeks quashing of complaint dated 14.10.2004 (Annexure P-1) as well as summoning order dated 15.4.2005 (Annexure P-3) whereby the petitioner has been summoned to face trial for commission of an offence under Section 138 read with Section 141, Negotiable Instruments Act, 1881 (for short 'the Act').
(2.) THE contention of the learned counsel for the petitioner is that in the complaint (Annexure P-1) filed by the respondent, there was no specific averment that the notice under Section 138 of the Act was received on any particular date. The only averment contained therein was that the notice was served on the petitioner. I have considered the contention of the learned counsel for the petitioner.
(3.) A perusal of the complaint (Annexure P-1) shows that it has been averred that the accused was served with the statutory legal notice. Para-6 of the complaint reads as under :- "6. That the accused was served with the statutory legal notice dated 21.9.04 which was duly sent through Regd. A.D. to the accused at his address and the accused was asked to make the payment within 15 days of the receipt of the notice either himself or through any of his authorized agent or person. But no payment was made by the accused or any of her agent.";