IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6454 OF 2024 Between: M. D. Ameer Basha, S/o M.D. Abdul Razak, aged 36 years, Occupation S.G.Teacher, M.P.P.E School, Guddamudoddy Village, Dharvu Mandal, Jogulambba District, Telangana. ...PETITIONER/ACCUSED AND 1. S. A. Gaffor, S/o. Hazipeera, Occupation Principal, Madeena D.Ed College, R/o. Koilkuntia Village and Mandal, Kurnool District. 2. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court A.P. at Amaravathi. ...RESPONDENT/COMPLAINANTS Petition under Section 528 BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to quash the Complaint in CC.No.58/2018 on the file of Hon ble Court of Junior Civil Judge Cum Judicial Magistrate of Class, Koilkuntia against the Petitioner/Accused in the interests of justice. I.A. NO: 2 OF 2024 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all proceedings in CC.No.58/2018 on the file of Hon’ble Court of Junior Civil Judge Cum Judicial Magistrate of 1st Class, Koilkuntia against the Petitioner/Accused in the interests of justice pending disposal of the Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri N. Bharath Simha Reddy, Advocate for the Petitioner and the Public ^ Prosecutor on behalf of the Respondent No.2 and of Sri Kalleemulla S., Advocate for the Respondent No.1. The Court made the following: ORDER 1 HN, J Crl.P.No.6454 2024 APHC010401092024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0^0 “ ‘-utr ST^:S [3457] THURSDAY JHE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6454/2024 Between: ...PETITIONER/ACCUSED M D Ameer Basha AND S A Gaffor and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.N BHARATH SIMHA REDDY Counsel for the Respondent/complainant(S): 1.KALEEMULLAS 2. PUBLIC PROSECUTOR 2 ■'T HNJ ’ Crl.P.No.6454 2&24 The Court made the following Order: The learned counsel for the petitioner submits that the petitioner is challenging the cognizance taken in C.C.No.58 of 2018, on the file of the Junior Civil Judge-Cum-Judicial Magistrate of I Class, Koilkunta. The petitioner is arraigned as an accused in the said case for the alleged offence under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881. 2. The learned counsel for the petitioner submits that the petitioner is alleged to have issued a cheque, which was dishonored on 26.09.2017. It is also submitted that a legal notice was addressed to the petitioner on 04.10.2017. However, the legal notice was not served on the petitioner, as the petitioner, who was working as a teacher at MPPE School, was on leave when the notice was sent. 3. The learned counsel for the petitioner submits that, according to the endorsement on the registered letter addressed to the petitioner, the Headmaster of the school has stated that the petitioner was on leave during the last seven days. The endorsement by the Headmaster of the school is dated 12.10.2017. The learned counsel for the petitioner further submits that the complaint was filed on 23.10.2017, which is premature, as it was filed in contravention of the provisions of Section 138(c) of the Negotiable Instruments Act, 1881. Section 138(c) grants 15 days time for the petitioner to comply with the repayment of the cheque amount from the date of receipt of 3 HN, J Crl.P.No.6454_2024 the notice. Section 142 of the Negotiable Instruments Act, 1881, permits the 2^^ respondent to file a complaint within a period of 30 days thereafter. 4. The learned counsel for the 1®‘ respondent submits that the petitioner evaded the legal notice, despite being aware that the cheque issued by the petitioner has been dishonored. It is also submitted that the issue of the service of the statutory notice on the petitioner is a question of fact, which must to be ascertained by the trial Court after the completion of the trial. The learned counsel for the 1®* respondent further submits that the petitioner has filed this petition after a lapse of more than five years and has come forward only to delay the due process of law. 5. now 6. The learned counsel for the petitioner submits that this Court interfere at any stage, if there is a patent illegality. may 7. Heard the learned counsel for the petitioner, the 1^‘ respondent, and the learned Assistant Public Prosecutor. 8. As seen from the record, the legal notice was addressed on 04.10.2017 for the dishonor of the cheque on 26.09.2017. The legal notice was returned unserved on 12.10.2014. Considering the submission that even assuming the petitioner was aware of the dishonored cheque, the notice to that effect was not served on him and based on the endorsement by the Headmaster the returned envelope, which intimated that the petitioner was on leave for the past seven days, the knowledge of the dishonored cheque is considered as on 4 n HN,J . Crl.P.No.6454_2024 the returned envelope, which intimated that the petitioner was on leave for the past seven days, the knowledge of the dishonored cheque is considered as Therefore, the 15-day mandatory period would expire on However, the complaint was filed on 23.10.2017, which is 12.10.2017. 27.10.2017. technically premature. Considering the same, this Court is inclined to quash the C.C.No.58 of 2018, on the file of Junior Civil Judge-Cum-Judicial Magistrate of I Class, 9. Koilkunta. Accordingly, the Criminal Petition is allowed. 10. As a sequel, miscellaneous petitions pending, if any, shajCs^and closed. Sd/- U. SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Hon’ble Court of Junior Civil Judge -cum- Judicial Magistrate of First Class, Koilakuntla, Kurnool District. 2. One CC to Sri N. Bharath Simha Reddy, Advocate [OPUC] 3. One CC to Sri Kaleemulla S., Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court of Andhra Pradesh. (OUT) 5. Three C.D. Copies. Cnr HIGH COURT DATED:27/03/2025 ANDfy^ 2 1 Al)6 20?^ ^ . Curreni ieciion ^ ORDER CRLP.No.6454 of 2024 o ALLOWING THE CRL.P