Court No. - 54 Case :- APPLICATION U/S 482 No. - 23740 of 2010 Petitioner :- M/S Design Fab Print And Another Respondent :- State Of U.P. & Another Petitioner Counsel :- Sunil Vashisth Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the applicants and learned A.G.A.
Learned counsel for the applicants contended that in absence of any date of
service of notice, Lower court could not have concluded the date of which
offence was committed under section 138 N.I. Act. It is submitted that there
was no mentioned of the said date in the complaint nor any document was
filed for the said purpose before the trial court and consequently the entire
prosecution of the applicants is bad in law as in a service by courier, there
cannot be any presumption of service under the General Clause Act as well.
Issue notice to respondent no. 2 within three weeks.
List this case in the week commencing 27th September 2010 before the
appropriate Bench.
Till the next date of listing, further proceedings of the aforesaid complaint
case no. 1009 of 2009, under Section 138 N.I. Act, P.S. Sahibabad, District
Ghaziabad shall remain stayed against the applicants.
Order Date :- 27.7.2010
F.H.