Court No. - 81

Case :- APPLICATION U/S 482 No. - 23057 of 2022

Applicant :- Sachin Kumar Goyal

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

Counsel for Applicant :- Pankaj Dwivedi

Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Manju Rani Chauhan,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

This application under Section 482 Cr.P.C. has been filed to quash the impugned

summoning order dated 14.12.2021 passed by learned Presiding Officer,

Additional Court No.2, Agra in Complaint Case No. 1369 of 2019 under section

138 N.I. Act, Police Station-New Agra, District-Agra as well as the entire

proceedings of the aforesaid case.

Learned counsel for the applicant submits that opposite party no.2 though has

mentioned the date on which notice was sent through his advocate but there is

no averment with respect to the date of service of notice upon the complainant,

therefore, the complaint filed on 10.10.2019 is not maintenable. Under the

circumstances, the pre-condition as contained in section 138 N.I. has remained

uncomplied with, therefore, the proceedings are clearly not maintenable under

the N.I. Act, 1881 and the same cannot continue against the a