TALLAMRAJU SESHA SAI Vs. KASANI SATYANARAYANA

JUDGEMENT

(1.) This quash petition under Section 482 Cr.PC is filed by the accused in CC No.293 of 2002, taken cognizance under Section 138 of Negotiable Instruments Act, 1881 (the 'Act') read with Section 420 IPC on a charge-sheet filed by police.

(2.) A private complaint filed by the first respondent for offences under Section 138 of the Act, read with Section 420 IPC was referred to the police for investigation by the learned Magistrate under Section 156(3) Cr.PC, who registered the same as Cr.No.29 of 2002 of Kowur Rural Police Station, who after investigation filed a charge-sheet for offences under Section 138 of the Act, and 420 IPC. The learned n Additional Judicial Magistrate of 1st Class, Kowur took it and file as CC.No.393 of 2002.

(3.) The contention of the learned Counsel for the petitioner is that since offence under Section 138 of the Negotiable Instruments Act, is not a cognizable offence and since Section 142 of the Act prescribes the procedure for filing complaints under Section 138 of the Act, which are not complied with in this case and since the allegations in the private complaint on the charge-sheet do not disclose the necessary ingredients for an offence under Section 420 IPC. The charge-sheet against the petitioner is liable to be quashed. Heard the learned Additional Public Prosecutor.