THIRUMALA AGENCIES Vs. SAMALA MAREPPA AND SONS

JUDGEMENT

(1.) THE petitioner sought for quashing of the order of the learned Civil Judge and JMFC, Bellary in CC No. 167/2000 taking cognizance of the offence punishable u/s. 138 of the Negotiable Instruments Act, 1881.

(2.) THE petitioner No. 1 issued a cheque in favour of the respondent for a sum of Rs. 4,00,000/- drawn on Vyshya Bank Ltd. , Main Branch, Bangalore road, Bellary. The respondent presented the cheque for realisation of the amount and the same was bounced with an endorsement "account closed". Thereafter, the responent issued a legal Notice on 20-4-2000 and presented a complaint under S. 200 of the Cr. P. C. for taking cognizance of the offence punishable u/s. 138 of the Negotiable Instruments Act. The learned Prl. Civil Judge and JMFC, Bellary, considering the materials on record held that the ingredients of S. 138 of Negotiable Instruments Act are made out. Accordingly, taking cognizance of the offence punishable u/s. 138 of the NI Act and registered a case. It is this order, which is now questioned in the present petition.

(3.) THE learned counsel Sri V. T. Rayareddy for the petitioners, firstly contended that there is no valid notice issued as required u/s. 138 of the NI Act. Secondly contended that there is no dishonour of cheque as contemplated u/s. 138 of the NI Act. Thirdly contended that the complaint is filed beyond the period of limitation i. e. the cause of action arose on 17-4-2000, but the complaint ought to have filed within 17-5-2000 wherein the complaint came to be filed on 30-5-2000. Therefore, the complaint is barred by limitation. On these three grounds, the counsel prayed to quash the proceedings.