KORE GOPAL Vs. JETTI PUNNAIAH

JUDGEMENT

(1.) THIS Criminal Petition is filed by the sole accused-Kore Gopal in C. C. No. 46 of 2001 on the file of Judicial First Class Magistrate, at Luxettipet to quash the proceedings therein.

(2.) R1 herein is the complainant in C. C. No. 46 of 2001. The complaint averments in brief are as follows : the accused issued a cheque bearing No. 850611 dated 23-11-2000 for Rs. 5,00,000/- in favour of the complainant towards discharge of his legally enforceable liability. The said cheque on presentation came to be dishonoured on 8-12-2000. Consequently the complainant issued a statutory notice dated 11-12-2000 demanding the accused to pay the cheque a mount. The said notice sent by the complainant through M/s A. N. L. Parcel Service was returned unserved as the addressee/accused refused to take the same. He also got the statutory notice published in Eenadu daily, Adilabad edition on 16. 12. 2000 demanding the accused to pay the cheque amount. Since the accused failed to pay the amount covered under the cheque in question, a complaint came to be presented by the complainant before the Judicial Magistrate of First Class, luxettipet. The learned Magistrate took the complaint on file as C. C. 46 of 2001 and issued process. Hence, this petition by the accused to quash the proceedings in C. C. No. 46 of 2001.

(3.) LEARNED Counsel for the petitioner/ accused submits that the notice sent by R1 through M/s ANL Parcel Service is not in accordance with Section 138 (b) of Negotiable Instruments Act and therefore the very prosecution of the accused for the offence under Section 138 of n. I. Act is vitiated. He further submits that the notice required under section 138 (b) of N. I. Act shall be sent by a registered post and the said provision does not contemplate serving of notice through M/s ANL parcel Service.