Heard learned counsel for the applicant and learned A.G.A. for the State respondent.
The present 482, Cr.P.C. application has been filed for quashing the proceedings of criminal case no. 1192 of 2009 under Section 138, Negotiable Instruments Act pending before Additional Chief Judicial Magistrate, court no. 10, Fatehpur as well as for quashing the order dated 29.6. 2009, whereby applicant has been summoned.
It is contended by the learned counsel for the applicant that the applicant had lost his cheque book and regarding which, written intimation was given by the applicant to the Bank on 19.9.2007, copy of which has been filed as annexure-
1. The opposite party no2, somehow, found the said lost cheque and submitted before the Bank, which was dishonored because the applicant has already instructed the Bank for stopping the payment of lost cheque. It is also contended that by misusing the lost cheque the opposite party no 2 filed a complaint case on 2.5.2008, copy of which has been filed as annexure-3 to the affidavit. It is next contended that no amount whatsoever was due to be paid by the applicant to the opposite party no. 2, as such, no proceeding under the Negotiable Instruments Act, could have been drawn against the applicant.
Issue notice to the opposite party no. 2 returnable within four weeks. Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks time to file counter affidavit. The opposite party no.2 may also file counter affidavit within the said period. As prayed by the learned counsel for the applicant one week thereafter is granted for filing rejoinder affidavit.
Connect with criminal misc. application no. 25172 of 2009 and list after expiry of the aforesaid period.
Till the next date of listing no coercive action shall be taken against the applicant in the aforesaid case.
Order Date :- 1.2.2010 Ashish