GADDAM CHANDRASHEKAR Vs. BHAVANAM LOKESHWAR REDDY

JUDGEMENT

(1.) This Criminal Petition is filed by the petitioner/Accused under Section 482 Cr.P.C. seeking quashing of proceedings in C.C. No. 107 of 2010 on the file of the Judicial First Class Magistrate, Special Mobile Court, Guntur. A private complaint was filed against the accused for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short "the Act"). The allegations in the complaint are that the accused borrowed a sum of Rs. 2,00,000/- from the complainant on 10.09.2008 for his family expenses and executed four promissory notes agreeing to repay the same together with interest at 24% p.a. either to the complainant or to his order on demand. Subsequently, the accused was postponing the payment of money on some pretext or the other. Ultimately on 31.03.2009 the accused issued a cheque bearing No. 744718 for Rs. 2,00,000/- in discharge of the principal amount covered under four promissory notes. When the said cheque was presented for collection through his Banker on 10.08.2009, it was returned as "Funds insufficient". After the receipt of the cheque and return memo dated 31.08.2009, the complainant got issued a statutory notice as contemplated under the Act. Though the said notice was received by the accused on 11.09.2009, he did not choose to give any reply. Ultimately, the complaint came to be filed on 25.09.2009 vide CFR No. 6162/2009 on the basis of three original pronotes on 03.10.2009.

(2.) The learned counsel for the petitioner submits that since the said complaint was filed even before the expiry of 15 days as contemplated under clause (b) and (c) of Section 138 of the Act, the Magistrate ought not to have taken cognizance of the said matter. Hence, it is submitted that the continuation of proceedings is an abuse of process of law.

(3.) Inspite of the case being adjourned from time to time, there is no representation on behalf of the respondent. Hence, the matter is being disposed of after hearing the learned counsel for the petitioner and the Public Prosecutor.