CRM -M No. 35899 of 2009 Bachan Singhj vs. Jasbir Kumar Present: Mr. Ajay Pal Singh, Advocate for the petitioner. *** This is a petition for quashing the summoning order in a complaint filed under Section 138 of the Negotiable Instruments Act. The contention of learned counsel for the petitioner is that both in the notice as well as in the complaint it is mentioned that the date of the cheque was 31.10.2003. He further contends that in that circumstance the cheque was invalid. However, copy of the cheque Ex.C-1 has not been placed on the record of this petition to verify this assertion. It must also be noticed that even in the reply to this notice this plea was not taken. In the circumstances I deem it appropriate to relegate the petitioner before the learned trial Magistrate. In case the petitioner is able to substantiate this allegation I have no doubt that immediate remedial action shall be taken by the learned Magistrate. (AJAY TEWARI) JUDGE December 18, 2009 sunita