M VENKATESWARA RAO Vs. M VENKATESWARLU
HIGH COURT OF ANDHRA PRADESH
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(1.)Since common questions arise in Crl.P.Nos. 403 and 404 of 1992, both were heard together and are being disposed of by a common judgment.
(2.)Crl.P. No. 403 of 1992 arises out of C.C.No. 104 of 1991 and Crl.P.No.404 of 1992 arises out of C.C.No. 105 of 1991 on the file of the learned II Additional Munsif Magistrate, Ongole. Both the Criminal Petitions were filed under Section 482 Cr.P.C. to quash the proceedings in C.C.Nos. 104 and 105 of 1991 respectively which were initiated under Section 200 Cr.P.C. and Section 138 of the Negotiable Instruments Act, 1988 (hereinafter referred to as "the Act").
(3.)The facts leading to the filing of the two Criminal Petitions are, briefly, as follows: The petitioner in both the Criminal Petitions is the same. The petitioner borrowed a sum of Rs. 1,00,000/- from the first respondent in Crl.P.No.403 of 1992 on 27-11-1990. On the same date, the petitioner executed a letter, a promissory note and also issued a post-dated cheque dt. 27-12-1990 for Rs. 1,00,000/-. The first respondent in Crl.P.No.403 of 1992 presented the said cheque in Vijaya Bank at Ongole on 13-6-1991 and it was returned with an endorsement that there are insufficient funds in the account of the petitioner. Subsequently, on 17-6-1991, the first respondent in Crl.P.No.403 of 1992 issued a notice to the petitioner bringing to his notice about the dishonour of the cheque and requesting him to arrange for the payment with interest within 15 days from the date of receipt of the notice. The said notice was received by the petitioner on 26-6-1991, to which he gave a reply dated 1-7-1991 which was received by the first respondent in Crl.P.No.403 of 1992 on 5-7-1991. Not satisfied with the reply of the petitioner, the first respondent in Crl.P.No.403 of 1992 filed a criminal complaint on 30-7-1991 before the learned II Additional Munsif Magistrate, Ongole under section 200 Cr.P.C. r/w Section 138 of the Act. The learned Magistrate having found-that all the requirements necessary for taking cognizance of the case have been fulfilled, took the case on file and registered the same as C.C. No. 104 of 1991.
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