Heard learned counsel for the applicants and learned A.G.A. for the State.
The prayer is for quashing proceedings under section 138 of Negotiable Instruments Act in a Complaint Case No.138 of 2010 (Mahendra Kumar Shukla Vs. Praveen Talwar and another) pending in the Court of Additional Chief Metropolitan Magistrate 7th, Kanpur Nagar.
Submission is that perusal of the complaint does not mention the date of service of notice though cheque was issued on 7.9.2009. The date of presentation of cheque in the bank and when the same bounced is no where specified. Thus the time lapse between the notice, its service and the date when the cheque was dishonoured is missing.
Issue notice to opposite party no.2 returnable at an early date.
Counter affidavit may be filed within three weeks. Rejoinder affidavit may be filed within three weeks thereafter.
List for admission immediately on the expiry of the aforesaid period.
Till the next day of listing, the summoning order dated 27.3.2010 in Complaint Case No.138 of 2010 (Mahendra Kumar Shukla Vs. Praveen Talwar and another) under Section 138 of Negotiable Instruments Act pending in the Court of Additional Chief Metropolitan Magistrate 7th, Kanpur Nagar shall remain stayed.
Order Date :- 17.6.2010 P