BUPINDER LIMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard both sides.

(2.) The petition under Section 482 of Cr.F.C. has been filed for quashingthe proceedings in C.C.No. 194 of 1999 on the file of the X Metropolitan Magistrate, Secunderabad in which the petitioners are sought to be prosecuted for an offence under Section 138 of the Negotiable Instruments Act.

(3.) It appears that one A.V. Lima issued a cheque in favour of thecomplainant towards payment of some legally enforceable debt in a sum of Rs. 70,000/-. The cheque was presented for realisation by the complainant to his banker. It is said to have been returned on the ground of insufficiency of funds to the credit of the account of the said A.V. Lima. Thereupon, the complainant is said to have issued a notice as required under Section 138 of the Negotiable Instruments Act on 25-2-1999 to the said A.V. Lima and to the petitioners herein. The notice was sent to the said A.V. Lima by Registered Post with Acknowledgment Due, and it was returned on 27-2-1999 with a postal endorsement "party expired-to the sendor". Later, the complainant got it confirmed that the said A.V. Lima was no more. Thereafter, the said complaint has been filed against the petitioners for an offence under Section 138 of the Negotiable Instruments Act.