9911796707
TMI Blog1997 (1) TMI 566X X X X Extracts X X X X X X X X Extracts X X X X ..... 90 (P.C. 71/89) on the file of the III Addl. Munsiff & JMFC., M'lore. D. K. 2. The brief facts of the case are the respondent filed a complaint under Section 200 Cr.P.C. on the allegation that the petr. issued a cheque in a sum of Rs. 83,894/- towards repayment of the amount due to the respondent. The said cheque is dt. 31-7-1989. The respondent presented the cheque to the bank but the same w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9;the Act'). According to Section 138(b) of the Act, the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice, in writing, to the drawer of the cheque, within 15 days of receipt of the information by him from the bank regarding the return of the cheque as unpaid; and according to Section 138(c) the dr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. The complaint can be entertained by the Court only under Section 142 of the Act which reads : "COGNIZANCE OF OFFENCES. - Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), - (a) no Court shall take cognizance of any offence punishable under Section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had been duly presented before the Corporation Bank. Pandeshwar, Mangalore which was returned by the bank unpaid with an endorsement "payment stopped by the drawer". The cheque in question has been issued by the accused towards the balance unpaid kist amount. Immediately on receipt of the above information, the registered notice dt. 13-9-1989 was sent to the accused, but that has been re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before passing the order directing issue of summons to the petitioner. Under those circumstances, it is a case where this Court has to interfere and the entire proceedings are liable to be quashed. 7. In the result, I proceed to pass the following : ORDER The petition is allowed. The proceedings in C.C. No. 13178/90 (P.C. No. 71/89) pending on the file of the III Addl. Munsiff & JMFC., Mangalo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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