Nekpal v. State of U.P. and Another

19Court No. - 79

Case :- APPLICATION U/S 482 No. - 23054 of 2024

Applicant :- Nekpal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Indra Deo Mishra,Jai Shanker Misra Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

1. Heard Sri Jai Shanker Misra, learned counsel for the applicant as well as Sri Rajeev Kumar Sonkar, learned A.G.A. appearing for the State-respondents and perused the record.

1. The present application under Section 482 Cr.P.C. has been filed for setting aside the entire proceeding of Complaint Case No.691 of 2019 (Vivek Kumar vs. Nekpal, under Section 138 of N.I. Act, Police Station Chandausi, District Sambhal which arises from the summoning order dated 22.01.2021 passed by the learned Civil Judge (JD)/ Judicial Magistrate (Sambhal at Chandausi), at present pending in the court of learned Civil Judge (SD)/ACJM, Chandausi, Sambhal at Chandausi bearing the Case No.805 of 2024, under Section 138 N.I. Act, P.S. Chandausi.

1. Contention of learned counsel for the applicant is that the impugned proceeding is barred by Section 138 (c) as well as Section 142 (1) (b) of N.I. Act. The complaint was filed prior to expiry of 15 days time from the date of service of notice upon the applicant. It is further contended by learned counsel for the applicant that as per complaint itself notice of demand was sent on 07.11.2019 through registered post and complaint was filed on 23.11.2019 without mentioning date of service of notice and in such circumstances as per law laid down by this Court in the case of Rajendra vs. State of U.P. and another in Application U/S 482 No.45953 of 2023 registered notice was deemed to be served within 10 days from the date of registry, therefore, complaint is barred. It is lastly contended by learned counsel for the applicant that co-ordinate Bench of this Court in Application U/S 482 No. 22885 of 2024 has granted protection to the present applicant in similar cases by order dated 29.08.2024