HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3317 OF 2010 Date: 16.04.2010 Between: P. Thulasi Damayanthi ……Petitioner And: State of AP., rep. by its PP and another ……Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3317 OF 2010 ORDER: The petitioner is accused of offence punishable under Section 138 of the Negotiable Instruments Act in C.C.No.127 of 2010 on the file of Judicial Magistrate of the First Class for Railways at Guntur, filed by the 2nd respondent/complainant. The only question raised by the petitioner’s counsel in this petition under Section 482 Cr.P.C is that after dishonour of the cheque, the 2nd respondent sent notice to the accused to a wrong address mentioning address of the accused as Surampalli even though the accused is located at Nunna. The notice was returned by the postal authorities with an endorsement that addressee is not found in the village. Address noted on the registered notice cover is that of the accused at Surampalli, Nunna. Not only Surampalli, but also Nunna was mentioned on the notice cover. It is a question of fact whether address noted on the registered notice cover is correct one or not. The petitioner’s counsel contended that as per certificate of registration issued by the Commercial Tax Authorities, the petitioner is located at Nunna and not at Surampalli. The said question has to be gone into during the course of trial by the lower court. In this petition under Section 482 Cr.P.C., the said question of fact cannot be gone into. Hence, the petition is dismissed. ___________________________________ SAMUDRALA GOVINDARAJULU,J Date:16.04.2010. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3317 OF 2010 Date: 16.04.2010 Gk.