LAWS(APH)-2007-2-85

BEZAWADA MOTOR STORES Vs. SARALA DOULAT RAM

Decided On February 09, 2007
BEZAWADA MOTOR STORES Appellant
V/S
SARALA DOULAT RAM Respondents

JUDGEMENT

(1.) This Petition is filed under Section 482 of the Criminal Procedure Code, 1973 to quash the proceeding in C.C. No. 1478 of 2000 on the file of learned Additional Cheif Metropolitan Magistrate, Vijayawada on the ground that continuation of proceedings against the petitioners/accused is nothing but abuse of process of Court. The only ground on which the petitioners seek to quash the compliant is that the cheque was obtained with a specific express agreement that the same was 'not negotiable'.

(2.) None appears for the petitioners. Hence this Court proceeded to peruse the grounds for quashing the proceedings and decide the case.

(3.) A perusal of Section 130 of the Negotiable Instruments Act, 1881 (for short 'the Act') lays down the effect of cheque on which the words 'not negotiable' is endorsed.