PALLAVI TRADERS Vs. PETRO LUBES

JUDGEMENT

(1.) This petition is filed under Section 482, Cr.P.C. requesting to quash the proceedings in C.C. No. 451/1995 on the file of the XV Metropolitan Magistrate, Hyderabad.

(2.) The facts in giving rise to the filing of this petition are, briefly, as follows :- The first respondent, M/s. Petro Lubes filed a private complaint against the petitioner under Section 138 r/w S. 142 of Negotiable Instruments Act alleging that the company was doing business in oil and the petitioner purchased oil worth Rs. 14,000.00 on credit on 19-12-1994, and issued a cheque for Rs. 14,000.00 dated 11-2-1995 drawn on A.P. State Co-operative Bank Ltd., Lothugunta Branch, Secunderabad. It is further alleged that the petitioner addressed a letter dated 23-2-1995 requesting not to present the cheque and assured to pay the said amount on or before 10-4-1995 and failed to pay the same within the said period. The cheque was subsequently presented at State Bank of Hyderabad, Adarshnagar Branch and the same was dishonoured by Memo dated 28-6-1995 as "funds insufficient". The first respondent issued legal notice dated 6-7-1995 demanding for payment of the said amount and the same was received by the petitioner on 12-7-1995 and failed to pay the amount. Hence, the complaint was filed on 30-8-1995.

(3.) It appears that the petitioner filed a petition seeking condonation of delay of three days in filing the complaint stating that he could not file complaint within one month due to sickness and the learned Magistrate condoned the delay under S. 5 of the Limitation Act and took cognizance of the offence and numbered the case as C.C. No. 451/95.