Yaswitha Constructions (P) Ltd. and M. Pramodh Kumar Reddy vs Chitta Subba Reddy and State of A.P.

C.Y. Somayajulu, J.—1st respondent filed a complaint against the petitioners u/s 138 of the Negotiable Instruments Act (hereinafter referred to as ''the Act'') for dishonour of cheque issued to him by the petitioners, which was taken cognizance as C.C.No.172 of 2003 by the II Additional Munsif Magistrate, Markapur. This petition is filed to quash the proceedings in the said C.C. on the ground that there is no valid service of statutory notice u/s 138 of the Act.

Principles governing quashing of complaints are well known. For deciding a petition u/s 482 Cr.P.C., to quash the proceedings, this Court has to presume that the allegations in the complaint are true, and if the allegations therein, make out the offence alleged against the accused, question of quashing the complaint does not arise.

The specific allegation in the complaint is that on 13.11.2002, the complainant issued a legal notice to the accused and that the accused managed to return the same with false endorsement on 21.11.2002. Question whether the statutory notice was sent to the correct address or not is a question of fact, which has to be decided by the trial Court as per the evidence to be adduced by the parties during the course of trial. In view of Section 27 of the General Clauses Act whenever notice is sent by registered post to the correct address of a person unless contrary is proved, it should be deemed to have been delivered to the addressee. The Apex Court in K. Bhaskaran Vs. Sankaran Vaidhyan Balan and Another, held that the presumption u/s 27 of the General Clauses Act can be applied when the notice is returned by the sendee as unclaimed and that the drawer of the cheque has a right to show that he had no knowledge that the notice was brought to his address. So, the question whether the notice was sent to the correct address or wrong address is a matter to be decided by the trial Court on the basis of the evidence to be adduced.

As held by the Apex Court in State of M.P. Vs. Avadh Krishore Gupta AIR 2003 SCW 6501 this Court while deciding a petition u/s 482 Cr.P.C., cannot act like a trial Court to find out whether the allegations in the complaint are true or not.

Since all the contentions raised by the petitioners in this petition are facts which have to be decided by the trial Court, on the basis of the evidence to be adduced by the parties, I find no grounds to quash the proceedings against the petitioners in C.C.No.172 of 2003.

Hence the petition is dismissed.