Ajeet Kumar Kuvind v. State Of U.P. And Another

Court No. - 72

Case :- APPLICATION U/S 482 No. - 33843 of 2019

Applicant :- Ajeet Kumar Kuvind Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vinod Kumar Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Rajiv Joshi,J.

Heard Sri Vinod Kumar Srivastava, learned counsel for the applicant and learned AGA for the State.

Present application under Section 482 Cr.P.C. has been filed for quashing of summoning order dated 31.5.2018 as well as the entire proceedings of Case No. 2847 of 2017 (Sonpal Vs. Ajeet Kumar Kuvind) under Section 138 of Negotiable Instrument Act (hereinafter referred to as the Act), P.S. Kotawali Hathras Junction, District Hathras, pending in the court of Additional Chief Judicial Magistrate, Hathras.

Contention of learned counsel for the applicant is that necessary ingredients for proceeding under Section 138 of the Act has not been averred in the complaint.

I have considered the submission so raised by learned counsel for the applicant and perused the record.

From perusal of the complaint, it is apparent that registered notice was sent to the accused-applicant on 23.10.2017 by registered post and there is a presumption of service of notice through registered post is 30 days in view of Section 27 of General Clauses Act and thereafter 15 days shall be counted for complying the notice, which come to an end on 7.12.2017. The complaint was filed on 8.12.2017, which fulfils the necessary ingredients of Section 138 of the Act.

The prayer for quashing the proceedings of aforesaid case is hereby refused.

I do not find any illegality or infirmity in the order impugned herein.

The application lacks merit and is, accordingly, rejected.

Order Date :- 24.9.2019 Noman

Neutral Citation No. - 2019:AHC:157205