Hon'ble Dinesh Kumar Singh-I, J.

1. This Civil Misc. Writ Petition has been filed with the prayer that the proceedings of Complaint Case No. 586/IX/2014 (Jai Kumar Nigam vs. Indra Anand Shukla @ Goldee Shukla), under Section 138 of N.I. Act, 1881, pending in the Court of Special Judicial Magistrate, Banda be set aside and consequently the summoning order dated 26.03.2015 directing the accused-petitioner to face trial be also set aside.

2. Sri Rajesh Kumar Singh, learned counsel for the accused-petitioner states that an overwriting has been made on the date of the cheque to bring it within the time limit by overwriting 4' in place of 3' in the cheque allegedly issued by him in favour of opposite party no. 2 because initially the said cheque bore the date 01.07.2013 and it has been made to appear to have been issued on 01.07.2014 by the said overwriting. Had the cheque been taken to have been issued on 01.07.2013 the same would be time barred as the time for presentation for a cheque before the bank is only 90 days. Further it is argued that the said wrong has been committed in collusion with the Officers of the SBI. Normally if a cheque bears overwriting, the same is not re