HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.212 OF 2007 Date: 01.02.2010 Between: Koppula Ramachandra Rao ……Petitioner And: State of A.P., rep. by PP and another ……Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.212 OF 2007 ORDER: This petition is filed by the accused under Section 482 Cr.P.C for quashing proceedings in CC No.226 of 2005 on the file of Judicial Magistrate of the First Class, Narsipatnam relating to offence punishable under Section 138 of the Negotiable Instruments Act. The 2nd respondent/complainant filed private complaint against the petitioner/accused alleging that the accused took loan of Rs.30,000/- from her and issued cheque dated 30.09.2004 for that amount and that when she presented the cheque for collection through her banker, the cheque was dishonoured due to insufficiency of funds in bank account of the accused. Originally the complaint was filed in the Court of Judicial Magistrate of the First Class, Rampachodavaram wherein it was registered as C.C.No.126 of 2005. Subsequently, it was transferred to the Court of Judicial Magistrate of the First Class, Narsipatnam in which Court it was registered as C.C.No.226 of 2005. It is contended by the petitioner’s counsel that no ingredients under Section 138 of the Negotiable Instruments Act are made out and that the petitioner filed another complaint against the 2nd respondent and it was registered as Crime No.17 of 2005 for offence punishable under Section 420 I.P.C., and charge sheet filed therein was registered as C.C.No.406 of 2006 on the file of Judicial Magistrate of the First Class, Chintapalli. This contention is fully irrelevant for the purpose of this petition in which the petitioner is questioning proceedings in C.C.No.226 of 2005 of Narsipatnam Court and not in C.C.No.406 of 2006 of Chinthapalli Court. It is further contended that C.C.No.226 of 2005 was transferred without notice to him from Rampachodavaram to Narsipatnam which Court has no territorial jurisdiction to entertain this case. It is not stated that on whose orders the case was transferred from Rampachodavaram to Narsipatnam and the petitioner did not file any such transfer order before this Court. It is contended that the complaint under Section 138 of the Negotiable Instruments Act is time barred. Notice of dishonour of cheque was given on 05.01.2005. It is stated in the complaint that registered notice dated 12.01.2005 was sent by the complainant to the petitioner/accused through Advocate and it was returned to the complainant on 06.02.2005. As can be seen from copy of the complaint filed before this Court, the complaint was filed at Rampachodavaram on 16.02.2005 within time allowed for presentation of complaint for dishonour of the cheque. Thus, there are no merits in this petition. Hence, the petition is dismissed. ___________________________________ SAMUDRALA GOVINDARAJULU,J Date:01.02.2010. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.212 OF 2007 Date: 01.02.2010 Gk.