Court No. - 49

Case :- APPLICATION U/S 482 No. - 8387 of 2021

Applicant :- Mukesh Kumar @ Mukesh Babu Tripathi

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Gulab Chandra,Rupesh Kumar Singh

Counsel for Opposite Party :- G.A.

Hon'ble Vivek Agarwal,J.

1. Heard Sri Gulab Chandra, learned counsel for applicant and

learned AGA for the State.

2. This petition under Section 482 Cr.P.C. has been filed

seeking quashing of the cognizance order dated 28.01.2021,

passed by J.M.F.C. in the matter of a complaint under Section

138 of the Negotiable Instruments Act registered as Complaint

Case No. 3686 of 2019, pending in the court of A.C.J.M.,

Shikohabad, District-Firozabad, on the ground that there is no

proof of service of notice on the present applicant.

3. Learned counsel for the applicant has placed reliance on the

judgment of a co-ordinate Bench of this Court in Application

U/S 482 No. 12854 of 2013 (Smt. Veena Singhal vs. State of

U.P. and Another), so also on the judgment of Karnataka High

Court in case of A.P. Amit Kumar vs. A.P. Manjunath, passed

in Criminal Appeal No. 418 of 2010 on 19.03.2018 to support

his claim that if there is a dispute in regard t