A cheque returning case filed against me. The date of cheque returning was 01.07.2014. Notice was served by their counsel was 23.07.2014. But he filed the case only in Jan. 2015. He did not file the case within 30 days from the date of serving of notice. He also did not file any delay condonation application alongwith complaint under Section 142 (b). Now my humble questions are:
(1) Is it mandatory to file the condonation application alongwith complaint to make his complaint maintainable?
(2) Whether I should challenge about maintainability before the magistrate by moving application saying that the complait has not accompanied with condonation application? If so, under what section? OR
(3) Should I move directly to H.C. under Section 482 cr.p.c. for quashing of compalint?
Advance thanks for your valuable advice.