an unauthorised money lender lodged FIR after chq bounce with adding few artificial facts u/s 409/420 where he clearly requested on complaint to police that please help to recover my amount. and accused got anticipatory bail.
after 4 months ( by manipulating in bank memo date with consent and help of bankers, he found return chq intimation after 102 days as he produced evidence while chq is CTS-2010 chq which does not transit to clearing house only images sent ) of FIR he also sent notice u/s 138 which was not delivered but acceptable as per law"delivered". case registered in court and summoned but he did not disclose anywhere in any documents about FIR ?
my question is - will this FIR treated as FIRST NOTICE and may request for quash ?