TMI Blog1997 (1) TMI 566X X X X Extracts X X X X X X X X Extracts X X X X ..... f 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 was dishonoured by the bank with an endorsement &# ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 drawer of such cheque fails to make the payment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 course of the cheque; (b) such complaint is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 received back on 21-9-1989 with an endorsement by the Post ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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., Mangalore, D.K. are quashed. 8. Petition allowed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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