Court No. - 54 Case :- APPLICATION U/S 482 No. - 488 of 2010 Petitioner :- Mahendra Kumar Shastri Respondent :- State Of U.P. And Another Petitioner Counsel :- Miss Archna Hans Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
It is contended by learned counsel for the applicant that the date of
presenting the cheque is mentioned in the complaint as 13.10.2008 but
this date has been mentioned as 11.10.2008 in the notice given by the
counsel for respondent no. 2. The date of the information has also not
been mentioned in the complaint, it has been mentioned on 22.10.2008
whereas in notice it has been mentioned that the bank has returned the
cheque to the O.P. no. 2 on 21.10.2008. IN such circumstances, it is not
possible to the applicant to give proper reply.
Issue notice to O.P. No. 2 returnable within four weeks.
Considering the facts, it is directed that the further proceedings of
complaint case No. 4860 of 2008 under section 138 N.I. Act pending in
the court of II Judicial Magistrate, Varanasi shall remain stayed till the
next date of listing.
List after four weeks for orders.
Order Date :- 12.1.2010
RPD