R RAMESH CHAND Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioner is the accused in CC.No.30 of 2015 on the file of the III Additional Special Magistrate, Erramanzil, taken cognizance for the offence punishable under Section 138 of Negotiable Instruments Act. Pending the said cognizance order, the quash petition is filed.

(2.) Notice served on the 2nd respondent appearing through Advocate.

(3.) Heard learned counsel for the petitioner/accused and the 2nd respondent/complainant and perused the contentions in the grounds and the contents of the statutory notice for alleged non-payment to accrue cause of action to maintain private complaint as contemplated by Sections 138 and 142 of Negotiable Instruments Act and also the decision of the Hon'ble Apex Court in the case of K.R. INDIRA vs. DR.G.ADINARAYANA, 2003 8 SCC 300 and Notes relevant pages 851 to 854 of the Negotiable Instruments Act on the dishonour of cheques placed reliance by the learned counsel for the 2nd respondent/complainant particularly to the Head Note 633which refers to the Judgment of the Kerala High Court in the case of M.SAMSUDHEEN vs. V.P. SOUNDER RAJAN, 2005 CrLJ 1278.