TMI Blog2020 (9) TMI 739X X X X Extracts X X X X X X X X Extracts X X X X ..... is Court in exercise of power conferred under Section 482 Cr.P.C. The prayer for quashing the abovesaid summoning order and proceedings is refused - However, it is provided that if the applicant appear and surrender before the court below within 30 days from today and applies for bail, then the bail application of the applicant be considered and decided expeditiously in view of the settled law laid by Hon'ble Supreme Court. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant do not appear before the Court below within the aforesaid period, coercive action shall be taken against him - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sufficiency, etc., of funds in the account. ?Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for 19 [a term which may be extended to two years], or with fine which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the present complaint is a premature complaint and not maintainable under the law. Learned A.G.A. vehemently opposed the prayer submitting that although date of service of notice is not mentioned in the complaint but due to such technical reason complaint could not be quashed and application is liable to be rejected. From the perusal of the material on record of the case, I am of the view that although the service of notice is not mentioned in the complaint, on this ground the summoning order could not be quashed. The question as to whether the complaint is premature would be open to be decided by trial court. So in these circumstances, it cannot be said that no offence is made out against the applicant. All the submission made at t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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