K. SANDHYA ANAND Vs. U.B. SEETHARAMAPPA

JUDGEMENT

(1.) A complaint having been filed by the respondent alleging commission of offences punishable under S. 138 read with S. 142 of the Negotiable Instruments Act, 1881 (for short, 'the Act'), case was registered and process having been issued against the petitioner, this petition was filed to quash the proceedings pending before the learned Magistrate.

(2.) SRI Rajkumar C, learned advocate, contended that the petitioner having not received the notice sent by the respondent and the ingredients under S. 138(b) of the Act having not been complied with, the registration of criminal case and issue of process against the petitioner being illegal, the entire proceedings is liable to be quashed. He submitted that the giving of notice and receipt of notice are continuing process to file a complaint against the drawer of the cheque due to its dishonour and in the instant case, no cause of action having arisen, on account of not producing the acknowledgement regarding the service of statutory notice and the ingredients of the offence under S. 138 of the Act having not been made out, this petition is liable to be allowed.

(3.) IN the sworn statement, copy of which is at Annexure - C, there is reiteration of the statements made in the complaint. A copy of legal notice dated 03.06.2013 has been produced as Ex. P4 and postal receipt thereof is at Ex. P5 and the consequential postal acknowledgement is at Ex. P6. Signature of the addressee is not appearing in Ex. P6.