Hon’ble Arvind Kumar Tripathi, J.—Heard learned counsel for the applicant, learned A.G.A. and perused the record.

2. The Criminal Misc. Application under Section 482 Cr.P.C. has been filed with the prayer to quash the proceeding of Case No. 3462/9 of 2011 (Aftab Ahmad v. Mohd. Furqan under Section 138 N.I. Act, PS. Mughalpura, District Moradabad pending before A.C.J.M, Court No. 4, Moradabad.

3. Learned counsel for the applicant submitted that according to the complaint case a cheque for a sum of Rs. 1,00,000/- was issued on 1.3.2010 by the applicant. When that cheque was presented at Lal Bagh, Branch, Moradabad, it was dishonoured on the ground of insufficient fund and on 15.6.2010 cheque was returned. However, that cheque was re-presented before the bank and it was again dishonoured due to insufficient fund on 16.7.2010. Thereafter a notice was given on 24.7.2010 and after that notice was returned on 31.7.2010 as unclaimed and after that the complaint dated 6.9.2010 was filed. Hence there was no compliance of the provision and there was delay because in view of the Section 138 of Negotiable Instrument Act, the complainant was required to give notice within thirty days fr