P. NARASIMHA Vs. STATE OF A. P.

JUDGEMENT

(1.) The petitioner by name P. Narasimha is the accused in C. C. Nos. 784, 794 & 844 of 2012, which are cases maintained against him respectively by T. Naveen Singh in all the cases for the respective offence under Section 138, Negotiable Instruments Act that was taken cognizance and are pending before the learned XVIII Additional Chief Metropolitan Magistrate, Hyderabad at Erramanzil.

(2.) It is after appearance from the summons at post cognizance stage impugning the same he filed the quash petitions with contentions that contents of the very complaint filed respectively by the complainant 2nd respondent are untrue, incorrect and there is no legally enforceable debt and from the very contents of the complaint from the date of alleged issuance of cheque to the date the cheque presented it is beyond 6 months and thereby the 3 cheques in question are outdated and that was also the return by the bank all the 3 cheques are outdated. The other contention is cheques pertain to Axis Bank whereas presented in ICICI bank though to be presented within the jurisdiction of accused banker and thereby the cognizance and continuation of the case proceedings in 3 cases are liable to be quashed.

(3.) The quash petitions are filed in December, 2014 respectively from the law prevailing by then. There is amendment to the N. I. Act on the jurisdiction aspect with retrospective effect after the expression of the Apex Court in Dashrath Rupsingh Rathod v. State of Maharashtra, 2014 9 SCC 129 practically restoring the legal position of K. Bhaskaran v. Sankaran Vaidhyan Balan, 1999 1 SCC 510 with reference to Sections 177 & 178, Cr. P. C. for the offence under Sections 138 to 142 of N. I. Act a complaint to be filed as per Section 2, Cr. P. C. to take cognizance under Section 190, Cr. P. C. r/w Sections 200 to 204, Cr. P. C.