Neutral Citation No. - 2025:AHC:13447 Court No. - 77 Case :- APPLICATION U/S 482 No. - 23334 of 2024 Applicant :- Amit Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saroj Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. Ref: Criminal Misc. Amendment application no.Nil of 2025 1. The amendment application filed by learned counsel for the applicant is allowed. 2. Learned counsel for the applicant is permitted to correct the prayer clause, during the course of the day. Order on Application: 3. Heard Sri Saroj Kumar Dubey, learned counsel for the applicant and Sri Ramesh Kumar, learned AGA for the State. 4. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint Case No. 934 of 2018, Manoj Kumar Singh Vs. Amit Kumar Singh, under Section-138 of Negotiable Instruments Act, 1881, Police Station-Gaura Badshahpur, District-Jaunpur, pending in the court of Judicial Magistrate, 1st, Jaunpur, as well as order dated 24.05.2024 passed by revisional court in Criminal Revision No.112 of 2024. 5. Contention of learned counsel for the applicant is that complaint is premature as after bouncing of the cheque on 19.02.2018, demand notice was sent through registered post on 27.03.2018 without mentioning the date of service and thereafter complaint was filed on 26.04.2018. 6. Per contra, learned AGA has submitted that in view of the judgement of this Court in APPLICATION U/S 482 No. - 45953 of 2023 (Rajendra Vs. State of U.P. & Another), decided on 25.01.2024, if date of service is not mentioned in the complaint then it will be presumed that registered notice would have been served within 10 days. Therefore, complaint cannot be said to be premature. 7. Considering the submission of learned counsel for the parties and on perusal of record, it appears that the demand notice was sent to the applicant by the complainant on 27.03.2018 through registered post without mentioning any date of service. Therefore, as per law laid down by this court in Rajendra (supra), notice will be deemed to be served within 10 days i.e. by 06.04.2018, therefore, cause of action to file the complaint arises after expiry of 15 days i.e. 21.04.2018 and complaint was filed on 26.04.2018. Therefore, complaint cannot be said to be premature. 8. In view of the above, this court does not find any illegality in the impugned proceeding. 9. Accordingly, the present application is rejected. Order Date :- 27.1.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad