1. Heard the learned counsel for the applicant, the learned AGA for the State and perused the record.
2. The learned counsel for the applicant submitted that the applicant has already instituted a case under section 138 of the Negotiable Instruments Act and in order to get rid of from that case the respondent no.2 concocted the instant complaint by saying that the case was fabricated by the applicant.
3. Notice on behalf of the respondent no.1 has been accepted by the AGA. Issue notice to the respondent no.3 by registered post, returnable at an early date.
4. Counter affidavit may be filed within four weeks and the rejoinder affidavit, if any, within two weeks thereafter. List for admission in the first week of July 2010.
5. Till the next date of listing, no coercive process shall be issued and executed against the applicant Chinta Mani in Case No.1226 of 2006 (Ajay Kumar vs. Chintamani) under sections 409, 420 IPC, police station Kadipur, district Sultanpur, pending in the court of Additional Chief Judicial Magistrate, Room No.18, Sultanpur.
Order Date :- 10.5.2010 RKSh