1) Notice given by hand to the father of Drawer who is staying with him. Father gave sign and thumb impression as acknowledgement on main copy of notice. Whether serving notice by this way can be challenged now when recording of evidence is in progress?
2) Is it proper to file application by drawer u/s 251 of CrPC for dismissal of cheque bouncing complaint when recording of evidence is in progress? On the issue given below -
Notice issued to Drawer on 29/09/2014.
Notice return by post to sender on 07/10/2014.
Complaint is filed in court on 18/10/2014
15 days stipulated time started on 08/10/2014 completing on 22/10/2014.
However five days prior complaint is filed in court on 18/10/2014. Therefore mandatory 15 days of waiting period has not been observed and so complaint is PREMATURE COMPLAINT so it should be dismissed.
However drawer never mentioned in his application that his father has received notice on 01/10/2014. Base on same notice case is filed in the court. On 18/10/2014.
Above issues raised by drawer now are legal and proper?
