Court No. - 7 Case :- APPLICATION U/S 482 No. - 20871 of 2010 Petitioner :- Puneet Srivastava Respondent :- State Of U.P. & Another Petitioner Counsel :- P.S.Verma Respondent Counsel :- Govt. Advocate Hon'ble Mrs. Poonam Srivastava,J.
Heard learned counsel for the applicant and learned AGA for the
State.
The proceedings under section 138 of the Negotiable Instrument
Act is challenged in the instant 482 Cr.P.C application. A
complaint was filed on 15.9.09. Notice was given on 6.8.2009 and
the cheque had bounced on 3rd July, 2009, the submission is that
the notice was given beyond time and complaint has been filed at
belated date, in the circumstance the summoning order is not
sustainable.
Issue notice to opposite party no. 2 returnable at an early date.
Counter affidavit may be filed within three weeks’ from the date of
receipt of notice. Rejoinder affidavit may be filed within three
weeks’ thereafter.
List after expiry of the aforesaid period before the appropriate
Court.
Till the next date of listing, further proceedings of complaint case
no. 820 of 2009 Naval Kishore Vs. Puneet Srivastava under under
section 138 of N.I. Act, police station Tajganj, District Agra
pending in the court of Judicial Magistrate Agra including the Non
Bailable Warrants, shall remain stayed.
Order Date :- 17.6.2010
SR