G.Bhaskar Reddy, vs The State Of Andhra Pradesh
2023 Latest Caselaw 303 AP

          HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                   MAIN CASE No.Crl.P.No.1515 of 2022
                                PROCEEDING SHEET

Sl.                                                                          Office
                                         ORDER

No       DATE                                                                Note
11    23.01.2023   RRR, J

It is a case of the learned counsel for the petitioner that the complaint states that, the notice of dishonor of the cheque sent to the petitioner, was returned on 02.06.2017 and the complaint was filed on 14.06.2017. He would submit that the minimum period of 15 days for paying the amount in the dishonoured cheque was not given to the petitioner and as such the complaint is itself premature and would have to be quashed.

The learned counsel for the de facto- complainant would submit that the postal return cover shows that notice of dishonor was served on the de facto -complainant on 20.05.2017, as that was the date on which the petitioner is said to have refused to receive the notice and such refusal would have to be deemed as service of notice.

The learned counsel for the petitioner, in reply, submits that in the absence of any specific statement either in the complaint or in the affidavit filed in lieu of general examination, the de facto - complainant cannot rely upon the noting made on the cover of the notice which is alleged to have been refused by the petitioner.

The learned counsel for the de facto- complainant seeks time to place judgments before

this Court on the question of whether the filing of the postal return cover along with the complaint would suffice for the Trial Court and this Court to take into account the date on which the notice had been refused by the petitioner.

Post on 25.01.2023.

_________ RRR, J

MJA

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