THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR Criminal Petition No. 7774 of 2008 Order: This criminal petition, under Section 482 Cr.P.C., is filed by the petitioner/accused seeking to quash the proceedings in C.C. No. 370 of 2008 pending on the file of the I Additional Judicial Magistrate of First Class, Proddatur, Kadapa District. The only contention of the learned counsel for the petitioner/accused is that though in the complaint the complainant had mentioned that he received the acknowledgment on 24.08.2008 but the postal endorsement filed by the complainant himself shows that the date is 25th August 2008 and that the complaint was filed on 09.09.2008, therefore since the complaint was filed within 15 days and clear opportunity of 15 days was not given to the petitioner/accused, the proceedings have to be quashed. On the other hand, learned counsel for the second respondent, relying on the judgment of the Apex Court reported in Narsingh Das Tapadia v. Goverdhan Das Partani[1], submitted that the date of taking cognizance has to be taken into consideration for computing the period of 15 days and as per the record the cognizance was taken on 12.09.2008 and, therefore, clear 15 days time was available to the petitioner. In that view of the matter, there are no merits in the criminal petition and the same is liable to be dismissed. Accordingly, the Criminal Petition is dismissed. However, the petitioner is at liberty to take all the pleas available to him before the trial Court. ______________________ B. CHANDRA KUMAR, J. Date: 17.11.2011 Nsr [1] 2000 (2) ALD (Crl.) 727 (SC)