PUCHAKAYALA VENKATESWARLU Vs. M LAXMINARASAIAH

JUDGEMENT

(1.) Appellant is the complainant. He directed this appeal against the judgment dated 18-5-1999 passed in CCNo.28 of 1999 by the 1 Additional Judicial Magistrate of First Class, Khammam dismissing the complaint under Section 256(1) Cr.PC.

(2.) When the matter came up for admission, this Court directed to issue notices to the respondents to show cause why the criminal appeal should not be admitted. Accordingly, notices were despatched by the Registry and the same were returned with an endorsement as 'unclaimed' insofar as the lst respondent is concerned; the second respondent is the State represented by the learned Public Prosecutor.

(3.) It is brought to my notice that this Court while dealing with the aspect of the service of notices under Section 138 of Negotiable Instalments Act in A.Sudershan v, Mannan (Shabir) and another, 1997(1) ALD (CrI.)795(AP), has considered a judgment in Sosamma v. Rajendran, 1993 (I) KLT 629. In the said case, it was held that "the notice which was returned with postal shara" unclaimed' to be deemed service of notice". In the present case also, it is found that when the notices from this Court were sent, the same were returned with an endorsement as 'unclaimed'. In view of that matter and drawing inspiration from the above referred decision, I am of the opinion that the return of the notice of this Court by the respondent/accused with an endorsement as "unclaimed' amounts to deemed service of the notice, and therefore, I am taking up this criminal appeal for admission deeming that the service of the notice has been effected.