K SUDARSHANA CHARI Vs. G SAIDULU

JUDGEMENT

(1.) Notice before admission was directed in this writ petition on 21 -12-1995 and counter-affidavit has been filed on behalf of respondents 2and3.

(2.) The petitioner questions the jurisdiction of the 3rd respondent, i.e., the Additional Sessions Judge at Nalgonda to take cognizance of an offence under Section 138 of the Negotiable Instruments Act as Chief Judicial Magistrate of Nalgonda District.

(3.) The facts, in brief, are that the 1st respondent gave a complaint in writing to the 3rd respondent under Section 138 of that Act stating that the petitioner issued a cheque for Rs.1,25,500/-on 1-2-1994 in his favour and that the same was dishonoured when presented in the Bank; and that the 3rd respondent took cognizance of the alleged offence and issued summons to him.