V VENUGOPAL Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed under Section 482 Cr.PC seeking to quash the proceedings in CC No.110/98 on the file of the V Addl. Munsif Magistrate, Guntur in which the petitioner herein is the accused.

(2.) A complaint has been filed against the petitioner for an offence under Section 138 of Negotiable Instruments Act with an allegation that in respect of a hand loan obtained by the accused he had issued a cheque in favour of the complainant-respondent No.2 herein which bounced. A notice as per the complainant has been sent to the accused which was returned with a postal endorsement as "not claimed returned to the sender. "

(3.) The learned Counsel for the petitioner contends that under Section 138 of the Negotiable Instruments Act unless a notice demanding the amount covered by the cheque bounced is sent to the accused within 15 days from the date of receipt of information by the complainant from the Bank regarding the return of the cheque, no Prosecution can lie against the accused on the ground that the cheque issued by him bounced.