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Allahabad High Court
Rajendra Verma vs State Of U.P. & Another on 17 June, 2010
Court No. - 7

Case :- APPLICATION U/S 482 No. - 20954 of 2010

Petitioner :- Rajendra Verma
Respondent :- State Of U.P. & Another
Petitioner Counsel :- M.C.Tiwari,Kiran Tiwari
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 N.I. Act in complaint case has
been challenged in the instant case.

The submission is that no date of issuance of notice neither any
date of receipt of notice has been mentioned in the complaint
therefore the order dated 5.11.09 for summoning the applicant is
illegal.

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. 246 of 2010 Satyabhan Singh Vs. Rajendra Verma under
section 138 N.I. Act, police station Jagdishpura District Agra,
pending in the court of Additional Chief Judicial Magistrate II,
Agra, shall remain stayed.

Order Date :- 17.6.2010
SR


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