MOHAMMAD JAKEER Vs. CH KOTI REDDY

JUDGEMENT

(1.) This is an application filed under Sec. 482 of the Code of Criminal Procedure to quash the proceedings in C.C.No. 87 of 1999 on the file of the learned I Additional Munsif Magistrate, Narasaraopeta, in which the petitioner herein is the sole accused.

(2.) The first respondent herein filed a complaint against the petitioner herein for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act')- In the said complaint, it is inter alia stated that the petitioner herein issued a cheque on 27-1-1999 for a sum of Rs. 50,000/- towards the part payment of a legally enforceable debt to the respondent complainant. The said cheque was presented by the respondent-complainant through his banker for collection of the amount on 24-3-1999, but on the very same day it was returned along with a Memo stating that there are no sufficient funds. The respondent-complainant immediately on 25-3-1999 got issued a statutory notice as is required under clause (b) of Section 138 of the Act. The said notice was returned un- served. The respondent-complainant thereafter issued a second statutory notice on 28-4-1999 and the same was received by the petitioner-accused. It is alleged that the petitioner-accused herein requested the respondent-complainant to wait up to 4-6-1999 and promised to arrange the money. The respondent-accused presented the said cheque again on 5-6-1999, but the same was again returned for want of funds. This was followed by another notice, which was returned un-served on 22-6-1999. The complaint is filed on 7-7-1999.

(3.) Sri E.V. Bhagiratha Rao, learned Counsel for the petitioner submits that the cause of action, if any, for filing the complaint under Section 138 of the Act had arisen on 25-3-1999 when the first statutory notice was issued to the petitioner herein and which was returned un-served. The cause of action arises only once immediately after the required statutory notice is issued and served upon the drawer of the cheque.