D HEMANTH KUMAR Vs. V T KANAKARAJ

JUDGEMENT

(1.) PETITIONER has sought for quashing of proceedings in C.C. No.2744/2010 pending on the file of the Addl. Chief Judicial Magistrate, Bangalore Rural District.

(2.) RESPONDENT had filed a private complaint under Section 200 Cr.P.C., against the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act'). In filing the said complaint, there was delay and to condone the delay, an application was filed by the Advocate representing the complainant.

(3.) LEARNED counsel for the petitioner has relied on the decision of the Delhi High Court reported in Judgments on Negotiable Instruments and Dishonour of Cheques page 784 in the matter of RIGA SUGAR CO. LTD., VS. KESSELS ENGG. WORKS PVT. LTD., and submits that notice was not issued to the petitioner and proceedings are not sustainable and liable to be quashed.