THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.8847 of 2008 ORDER: The petitioner is accused of offence punishable under Section 138 of the Negotiable Instruments Act. It is contention of the petitioner’s counsel that the cheque was given to the complainant as a security in the transaction between them and that it was given as a blank cheque and that it was filled up by the complainant unauthorizedly and was presented to the banker. This contention is based on disputed questions of fact, which this Court cannot entertain in this petition filed under Section 482 Cr.P.C. 2. It is further contended that there is no statutory notice contemplated under Section 138(b) of the Act and that therefore, the complaint is not maintainable. As per allegations in the complaint, the complainant issued a legal notice to the accused through his counsel demanding the accused to repay the amount covered by the cheque within fifteen days of receipt of the notice, but the said notice was returned unserved. It is further alleged that having knowledge of the same, the accused did not come forward to pay the cheque amount. This is not a case where the statutory notice was addressed to a third party as in the case of M.D.THOMAS Vs. P.S. JALEEL[1] of the supreme Court. The statutory notice herein was addressed to the accused himself and it is stated to have been unserved. Whether the notice was addressed to proper address of the accused and whether the accused evaded to receive the said notice, are again questions of fact. There are no grounds to entertain this petition for quashing the proceedings in the lower Court. 3. Hence, the Criminal Petition is dismissed. _______________________________ JUSTICE SAMUDRALA GOVINDARAJULU Dt:17.11.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.8847 of 2008 Dt:17.11.2011 ysk [1] (2009) 14 Supreme Court Cases 398