P L K PRASAD Vs. C PRATAP REDDY

JUDGEMENT

(1.) The Petitioners 1 and 2/A-1 and A-2 are accused of offences punishable under Section 420 I.P.C. and Section 138 of the Negotiable Instruments Act (In short, the Act) in C.C. No. 104 of 2009 on the file of Judicial Magistrate of the First Class, Kurnool.

(2.) It is alleged in the complaint that A-1 and A-2 availed loan of Rs. 11,85,000/- for their necessities from the complainant and that towards the said debt A-1 and A-2 jointly issued cheque bearing No. 596694 on Indusind Bank, Kurnool branch on 18.06.2008 for the said amount. The said cheque was drawn on account of Sri Saraswathi Chemicals and not on individual accounts of A-1 and A-2. After dishonour of the said cheque due to closure of the account, the complainant issued statutory notice dated 01.07.2008 to A-1 and A-2. No statutory notice was given to Sri Saraswathi Chemicals, which is drawer of the cheque. The complainant did nit file the case on M/s. Sri Saraswathi Chemicals, but has chosen to file the case against A-1 and A-2 only. When the cheque was not drawn on the account of A-1 and A-2 and when after dishonour of the cheque, no statutory notice was given to the drawer of that cheque, the question of filing case under Section 138 of the Act does not arise on A-1 and A-2.

(3.) The 1st Respondent's counsel placed reliance on Babu v. Suresh,2004 2 ALT 141 (Kerala) of the Kerala High Court, in which it was held: