Heard learned counsel for the applicant and learned A.G.A. and perused the entire material on record.
There is no reason to quash the proceedings of Criminal Complaint Case No. 1548 of 2009 (Shyam Floor Mill Vs. Gagan Bihari Jaiswal), under Section 138 of Negotiable Instruments Act, 1881 and Section 420 I.P.C., P.S. Kotwali, District-Fatehpur pending in the Court of Additional Civil Judge (Junior Division) / Judicial Magistrate, Court No. 13, Fatehpur. Learned counsel for the applicant has wrongly placed reliance on a decision rendered by this Court in the case of Deepak Kumar and another Vs. State and another 2006 (8) ADJ 427 as neither the judgment supports the contention of the applicant nor it has been held that if the service of notice is by refusal even then the date is to be mentioned in the complaint.
This application is dismissed with a direction that the bail prayer of the applicant in the aforesaid crime be considered expeditiously, on the same day by the courts below.
Order Date :- 29.6.2010 Sharad