9911796707
TMI Blog2020 (12) TMI 1001X X X X Extracts X X X X X X X X Extracts X X X X ..... against the petitioners under Section 200 of Cr.P.C., to prosecute them for the offence punishable under Section 138 of the Negotiable Instruments Act. 3. For the purpose of convenience, the parties will be referred to henceforth with their ranks before the Trial Court. 4. In the complaint, the complainant alleged that the accused issued a Cheque bearing No.275493 dated 20.10.2011 for Rs. 2,00,000/- drawn on State Bank of Mysore, Ittigegudu Branch, Mysuru in her favour towards discharge of her legal liability and when presented, the said Cheque was dishonoured for want of sufficient funds. She further alleged that even her statutory notice calling upon the accused to pay the Cheque amount was not complied and the accused have cheated her ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petition on the ground that they had taken steps to the address furnished by the complainant herself in the trial Court proceedings still, notice was not served. 10. Sri P.Nataraju, learned Counsel for the accused submits that the omission on the part of the accused was not deliberate, the First Appellate Court should have given opportunity to the accused to collect the correct address of the complainant and take steps. He further submits that they were thrown out of the Court without adjudication in the appeal and subject to any condition an opportunity may be given and the matter may be remanded. 11. Per contra, Sri. Syed Abdul Saboor learned counsel for the respondent submits that the accused have deliberately delayed the matter and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f at all the matter is to be remanded, the complainant may be permitted to withdraw the amount deposited by the accused and time may be fixed for disposal of the appeal. Considering the aforesaid submissions and above discussions, the petition is allowed. 16. The impugned order dated 28.11.2016 passed by the I Additional Sessions Judge, Mysuru in Crl.A.No.258/2015 dismissing the appeal of the accused is hereby set aside. The matter is remanded to the First Appellate Court for fresh consideration. 17. To avoid further delay in the matter, the parties are hereby directed to appear before the First Appellate Court on 09.11.2020 virtually/physically without fail. 18. The First Appellate Court shall hear the parties and dispose of the appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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