SESHAM RAO NIRANJAN Vs. STATE OF A.P.

JUDGEMENT

(1.) The present Criminal Petition is filed by the petitioner/accused to quash the complaint which was instituted for taking cognizance for the offences under Ss. 138 and 142 of the Negotiable Instruments Act, 1881 (for short, the N.I.Act").

(2.) Brief facts of the case are that the petitioner herein has borrowed different amounts at different dates during the period from 27/7/2005 to 5/4/2007 by executing promissory note and agreeing to repay the same to the complainant or to the order of the complainant on demand together with interest @2% per month with monthly rests and the petitioner herein, who is the accused in the above said complainant, has issued different cheques towards part payments of the interest payable in the name of Miss Vidhi Mittal and the said cheques were presented for clearance before the drawee bank and the same were bounced with an endorsement "insufficient funds".

(3.) Therefore, the drawee of the cheque was constrained to file case to punish the petitioner/accused under Ss. 138 and 142 of the N.I.Act. The said complaint was vociferously canvassed on the ground that no Court shall take cognizance of any offence punishable under Sec. 138 of the N.I.Act except upon a complaint in writing made by the payee or as the case may be, the holder in due course of the cheque and the GPA holder cannot file a complaint without obtaining permission from the Court.