@JUDGMENTTAG-ORDER
1. This is a petition filed by the accused Vijay Kumar Chopra u/s 482, Cr.P.C. for quashing of the complaint dated 9.11.1994 (Annexure P-l), summoning order dated 29.8.1997 (Annexure P-2) and all the consequent proceedings taken in pursuance thereof on the ground that all these proceedings were abuse of the process of the Court as well as the law.
2. Briefly stated the facts are that the respondent-complainant had filed a complaint u/s 138 of the Negotiable Instruments Act for dishonouring the cheques : one cheque is dated 20.3.1994 for a sum of Rs. 52,788/-, another cheque is dated 10.4.1994 for a sum of Rs. 43,497/-. Notices were sent on 10.4.1994 and 30.4.1994 but the petitioner did not make payment in pursuance of the aforesaid notices. It is further alleged that the respondent issued notice dated 24,9.1994. Since, the amount was not paid, so, on the basis of the said notice, complaint u/s 138 of the Negotiable Instruments Act was filed. Learned Counsel for the respondent contended that after notices dated 10.4.1994 and 30.4.1994 were served upon the petitioner, he had approached the respondent and had requested that for certain reasons, he could not deposit the amount and the respondent should again present the cheques on 1.9.1994 and he would get the amount deposited. However, there is no documentary evidence to prove this assertion. It is not the case that the petitioner had given fresh cheques to be payable on 1.9.1994 or he had given in writing that the cheques be again presented on 1.9.1994 and he would deposit the amount. Certainly, the complaint was filed on 9.11.1994, after the expiry of 206 days from the service of notice dated 30.4.1994. It has been held by the Apex Court in
