Heard learned counsel for the applicant and learned A.G.A.
This application has been filed with a prayer to quash the 19.10.2004 passed by learned Judicial Magistrate-I, Lucknow in complaint case No. 606 of 2004 whereby the learned Magistrate has taken the cognizance and summoned the applicant to face the trial for the offence under section 138 N.I. Act.
It is contended by learned counsel for the applicant that the complainant was having no right to file the complaint even then the learned Magistrate concerned has taken the cognizance and summoned the applicant to face the trial.
In reply of the above contention, it is submitted by learned A.G.A. that this plea may be taken by the applicant by way of moving the discharge application.
Considering the submissions, made by learned counsel for the applicant and learned A.G.A., it is directed that in case applicant moves discharge application within 30 days from today before the court concerned through his counsel, the same shall be heard and disposed of under the provisions of law. Till the disposal of that application, the applicant shall not be arrested.
The interim order dated 3.8.2005 is hereby vacated.
With this direction, this application is finally disposed of.
Order Date :- 18.10.2011 RPD