LAWS(APH)-2001-12-125

KARUCHOLA SATYANARAYANA Vs. STATE OF A P

Decided On December 24, 2001
KARUCHOLA SATYANARAYANA Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This batch of criminal petitions may be disposed of by a common order, since common questions arise for consideration.

(2.) The petitioners are the accused in the complaint filed against them for the offence punishable under Section 138 of the Negotiable Instruments Act. The complaints were filed on the file of the Sub-Divisional Magistrate, Mobile Court, Bhadrachalam, Khammam District. The Sub-Divisional Magistrate having taken the complaints on file set the law in motion against the petitioners.

(3.) In these applications, Sri P. Prabhakar Rao, learned Counsel for the petitioners submits that the Sub-Divisional Magistrate has no jurisdiction to take the complaint on file for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. Learned Counsel submits that the Sub-Divisional Magistrate cannot be equated to that of a Metropolitan Magistrate or a Judicial Magistrate of First Class. Reliance is placed upon Section 142 of the Negotiable Instruments Act, which reads as follows: 142. Cognizance of offences:Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), (a) No Court shall take coginzance of any offence punishable under Section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque; (b) Such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to Section 138; (c) No Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class shall try any offence punishable under Section 138.