Court No. - 64
Case :- APPLICATION U/S 482 No. - 16968 of 2019 Applicant :- Sri Kishan Sharma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Dubey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
By way of the instant application, the applicant has sought for quashment of summoning order dated 4.7.2017 as well as further proceedings of complaint case no. 319 of 2017 Anil Grower Versus Sri Kishan Sharma under section 138 of N.I. Act P.S. Hari Parvat district Agra pending in the court of 1st Additional Chief Judicial Magistrate, Agra.
Statistical calculation of this case unequivocally shows that the cheque in question was presented by Anil Grover, respondent no. 2, on 18.11.2014, which was dishonoured the very same day, then a notice was sent on 20.8.2015. Thereafter, another notice was given on 23.1.2017. After second notice a complaint was filed on 30.1.2017, which under the law is not permissible because it is admitted premature and not maintainable as such statistic of the second notice (23.1.201), then filing of the complaint on 30.11.2017 straighway is not permissible under the provisions of the N.I. Act and the same cannot be said to be maintainable as such. This aspect needs to be brought before the courts below within one month by means of filing an application regarding its maintainability. In case, such an application is moved, the same shall be heard and disposed of on its merits by the court concerned.
For a period of one month from today, no coercive action shall be taken against the applicant and in case any application is moved within the aforesaid stipulated period in that event no coercive action shall be taken till the disposal of such application.
With this observation this application is finally disposed of.
Order Date :- 29.4.2019 N.A.