Allahabad High Court Judgement

Allahabad High Court Judgement

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JUDGEMENT HEADLINE : Complaint U/s 138 Negotiable Instrucments Act Not Maintainable Without Service Of Notice.
JUDGEMENT TITLE : Ravindra Singh Gugyani Alias Sanju Vs. State Of U.P. & Another. On 08/05/2007 By Allahabad High Court
CASE NO : APPLICATION U/S 482 NO. 8777 OF 2007.
CORAM : Hon'ble Raghunath Kishore Rastogi,J.

HIGH COURT OF JUDICATURE AT ALLAHABAD




AFR

Court No. 36


Criminal Misc. Application No. 8777 Of 2007
Ravindra Singh Gugyani Alias Sanju Vs. State Of U.P. And Another


Hon'ble R.K.Rastogi,J

Learned Counsel For The Applicant Submitted That In Para 10 Of The Complaint Filed By The Complainant- Opposite Party No.2 It Has Been Asserted That A Notice Was Sent To The Accused But There Is No Assertion To This Effect That The Notice Was Served Upon Him And Only This Fact Has Been Stated That The Accused Did Not Send Reply To That Notice. He Cited Before Me A Ruling Of Hon'ble Supreme Court In Shakti Travel And Tours Vs. State Of Bihar And Another : {2003 SCC (Cri) 1217} In Which It Has Been Held That Where It Has Not Been Asserted In The Complaint That The Demand Notice Was Served Upon The Accused, The Complaint Under Section 138 Of Negotiable Instruments Act Is Not Maintainable.
Issue Notice.
Notice On Behalf Of Opposite Party No. 1 Has Been Received By A.G.A. He Prays For And Is Granted Three Weeks' Time To File Counter Affidavit. Issue Notice To Opposite Party No.2 By Registered Post.
List For Admission After Service Upon Opposite Party No.2.
In The Meantime, Further Proceedings Of Complaint Case No. 1059 Of 2004, Khaleeq Ahmad Vs. Ravidnra Singh Gugyani Pending Before The Judicial Magistrate, Baheri, Bareli Shall Remain Stayed Till The Next Date Of Listing.

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