GUNDAPUNENI VANS Vs. VULLI TULSI NARAYANA GUPTA

JUDGEMENT

(1.) This is a petition under Section 482 of the Cr.P.C., to quash the proceedings in CC No. 168 of 1998 on the file of the H Metropolitan Magistrate, Visakhapatnam, registered for the alleged offence punishable under Sec. 138 of the Negotiable Instruments Act.

(2.) The averments in the petition are that the relationship between the complainant i.e., the 1st respondent herein and the accused who is the petitioner herein is that of a landlord and tenant and in lieu of arrears of rent, the complainant issued a cheque bearing No. 0921121 dated 4-10-1997 for an amount 9fRs.28,000/-drawnonStateBankofPatiala, Near Kotha Road, Visakhapatnam Branch. When it was presented on 24-10-1997, it was bounced with an endorsement dt. 25-10-1997 that there are no sufficient funds.

(3.) When the cheque was presented again on 21-11-1997, it was again dishonored with the very same endorsement on 22-11-1997 and on that, a notice as contemplated under Section 138 of the Negotiable Instruments Act was issued on 4-12-1997 but the same was returned unserved.