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2024 Supreme(All) 455

YOGENDRA KUMAR SRIVASTAVA
Sudesh Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Surendra Prasad Mishra.

JUDGMENT :

YOGENDRA KUMAR SRIVASTAVA, J.

1. Heard Sri Surendra Prasad Mishra, learned counsel for the petitioner and Sri Pankaj Saxena, learned AGA­I along with Ms. Divya Ojha, learned AGA­I, appearing for the State/respondent.

2. The present petition has been filed seeking to assail the order dated 02.12.2021 passed in Complaint Case No. 293 of 2021, under Section 138 of the Negotiable Instruments Act, 1881 [N.I. Act] in terms of which the petitioner has been summoned, and also the subsequent order dated 21.06.2023 passed in Criminal Revision No. 39 of 2022.

3. Counsel for the petitioner has confined his challenge to the aforesaid order only on the question of limitation.

4. Attention of the Court has been drawn to the fact that a cheque drawn by the petitioner, upon being presented by the respondent no. 2, on 18.09.2019, was returned unpaid by the bank, along with a return memo dated 17.12.2019, with a remark “Amount Insufficient.”

5. Upon receipt of the aforesaid return memo, the respondent no. 2 gave a notice dated 04.01.2020 to the petitioner regarding return of the cheque, and

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