Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C., has been filed for quashing the summoning order dated 17.12.2009 passed by learned Additional Chief Judicial Magistrate, Ist, District Meerut, in Complaint Case No. 3198 of 2009, under Section 138 of Negotiable Instruments Act, Police Station T.P.Nagar, District Meerut.
It is contended by learned counsel for the applicant that no date of receipt of notice has been stated in the complaint upon the applicant by the complainant.It is further contended that no amount was due to be paid by the applicant to the opposite party no.2, therefore, initiation of the criminal proceedings against the applicant is bad in law.
Issue notice to the opposite party no.2 returnable within a period of four weeks. Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks' time for filing counter affidavit. Opposite party no.2 may also file affidavit within the same period. As prayed by learned counsel for the applicant, two weeks' thereafter, is granted for filing rejoinder affidavit.
List immediately after expiry of the aforesaid period before appropriate Court.
Till the next date of listing, no coercive action shall be taken against the applicant in the aforesaid case.
Order Date :- 15.6.2010 S.Ali