JAVID AHMED Vs. SYED AZMATHULLA HUSSAINI

JUDGEMENT

(1.) This Criminal Petition is directed under S. 482 of the Code of Criminal Procedure to quash the proceedings in C.C. No. 128/92 on the file of the II Metropolitan Magistrate, Hyderabad.

(2.) The petitioner issued four cheques under dated 15-12-1991, 18-12-1991, 19-12-1991 and 23-12-1991 respectively for Rs. 60,000.00, 70,000/-, 40,000/- and Rupees 50,000/- all on the Indian Bank, Begum Bazar, Hyderabad in favour of the first respondent. The first respondent presented them on 18-1-1992 in the State Bank of India, Main Office, Bank Street, Hyderabad for encashment. All the said cheque bounced on 22-1-1992 for want of funds in the account of the petitioner and to the same effect the first respondent was informed on the following date i.e. on 23-1-1992. As such on 28-1-1992 R-1 issued a notice calling upon the petitioner to pay the amounts covered by the said cheques, but having received the said notices the petitioner neither paid the amount nor gave any reply. Consequently the Ist respondent filed C.C. No. 128/92 on the file of the IInd Metropolitan Magistrate, Hyderabad under S. 138 of the Negotiable Instruments Act (in brief 'the Act'). As such the petitioner who is the sole accused in C.C. 128/92 filed the present proceedings under S. 482 of the Code of Criminal Procedure to quash the C.C. No. 128/92.

(3.) It is the main contention of the petitioner that the four post dated cheques are issued on 23-6-1990 payable on different dates, the said cheques, even according to the petitioner, were presented on 18-1-1992 for encashment i.e., long after six months period prescribed under S. 138 of the Act and consequently the prosecution is not maintainable. On the contrary the contention of the Ist respondent is that the cheques were presented within six months from the dates shown on the said cheques and consequently the prosecution is well within time.