SRI SHANMUKHA AGRO TRADERS Vs. SHANUMUKHA AGRITECH LIMITED
LAWS(APH)-2019-1-4
HIGH COURT OF ANDHRA PRADESH
Decided on January 21,2019

Sri Shanmukha Agro Traders Appellant
VERSUS
Shanumukha Agritech Limited Respondents


Referred Judgements :-

APARNA SHAH V. SHETH DEVELOPERS PVT.LTD [REFERRED TO]


JUDGEMENT

B.SIVA SANKARA RAO - (1.)The petitioner is the A.1-M/s Sri Shanmukha Agro Traders (for short, 'the M/s SAT') rep. by its Prop. Mrs. Ch. Jayalakshmi, among two accused of A.2-Ch.Madhava Rao, Prop: M/s Sampath Ganesh Trading Company (for short, M/s SGTC') in C.C.No.10 of 2016 on the file of the VIII Special Magistrate, Erramanzil, Hyderabad, outcome of a private complaint of the 1st respondent-M/s Shanmukha Agritech Limited (for short, 'the company') represented by its authorized Signatory, originally M.Venkata Narayana, now permitted to represent by B.Ramesh for the so called offence punishable under section 138 of the Negotiable Instruments Act(for short, 'the Act'), based on two cheques bearing Nos. 697868 for Rs. 3,10,430.00(Rupees three lakh ten thousand four hundred and thirty only) and 697869 for Rs. 3,00,000.00 (Rupees three lakhs only) both dated 13.01.2014 drawn on State Bank of India, Kothapet branch, Guntur, from the same when presented returned dishonoured and from statutory notice for non-payment with untenable reply by the A.1 and from accrual of cause of action, the complaint was allegedly filed on 19.03.2014 and after sworn statement, on perusal, the learned Magistrate taken cognizance. The notice sent to the complainant by registered post acknowledged by him is a sufficient service for his failure to attend to decide on merits.
(2.)Heard the learned counsel for the petitioner/A.1 and for the 2nd respondent-A.2 not necessary party and the service to him also sufficient as left unclaimed; and also the learned counsel for the 1st respondent and the learned Public Prosecutor representing R.3-State and perused the material on record.
(3.)The contentions in the quash petition mainly are that the alleged cheques were presented on even date 13.01.2014 and the same were returned dishonoured as per the cheque return memo dated 16.01.2014 and the legal notice issued on 15.02.2014 which is also not within 30 days and thereby, taking cognizance is unsustainable with no cause of action accrued thereby the proceedings are liable to be quashed.
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