Kotla Narendar Rao vs The State Of Telangana And Another
2022 Latest Caselaw 6764 Tel

Citation : 2022 Latest Caselaw 6764 Tel
Judgement Date : 13 December, 2022

Telangana High Court

Kotla Narendar Rao vs The State Of Telangana And Another on 13 December, 2022

Bench: K.Surender

                THE HON'BLE SRI JUSTICE K.SURENDER

                CRIMINAL PETITION No. 11045 OF 2022

O R D E R:

This Criminal Petition is filed under Section 482 of the Code of

Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking to quash the

proceedings against the petitioner/accused in STC No.05 of 2022 on the

file of the Judicial First Class Magistrate at Achampet, registered for the

offence under Section 138 of N.I.Act.

2. Perused the record.

3. Learned counsel for the petitioner would submit that the Judicial

First Class Magistrate at Achampet does not have the jurisdiction for the

enquiry under Section 138 of N.I.Act.

5. Section 142 in The Negotiable Instruments Act, 1881 23 [ 142 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 made within one month of the date on which the cause of action arises under clause (c) of the proviso to section 138: 24 [Provided that the cognizance of a complaint may be taken by the Court after the prescribed period, if the complainant satisfies the Court that he had sufficient cause for not making a complaint within such period.]

7. This Court directs the concerned Judicial Magistrate of First Class at

Achampet to decide before proceeding with the trial. Accordingly, case is

disposed of in correctness with the observation of the dismissal.

8. All the aforesaid grounds raised by the petitioner can be agitated

before the trial Court in view of the judgment rendered by the Hon'ble

Supreme Court in case of Bhushan Kumar and another vs. State (NCT

of Delhi) and another1.

9. In view of the aforesaid Judgment, the petitioner can file a discharge

application before the trial Court by raising all the aforesaid grounds and

on such filing the concerned trial Court shall entertain the same.

10. Accordingly, the criminal petition is disposed off. No order as to

costs.