THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7346 OF 2007 DATED 8TH JULY, 2010. BETWEEN Punna Ramu …Petitioner and 1) M/s.Srirampriya Chit Funds Pvt. Ltd. 2) The State of A.P. …..Respondents THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7346 OF 2007 ORDER: This criminal petition under section 482 of the Code of Criminal Procedure is filed by the petitioner-accused seeking to quash the proceedings in C.C.No.533 of 2005 on the file of the III Metropolitan Magistrate, Vijayawada, for the offence punishable under sections 138 and 142 of N.I. Act. The case of the complainant in brief is that the petitioner herein was the member of complainant chit fund company and he being the successful bidder in the chit was paid prize amount of Rs.6,53,000/-and Rs.2,18,067/- and thereafter the petitioner failed to pay the monthly chit instalments and committed default. After repeated demands by the complainant Company, petitioner issued a cheque bearing No.103113 for Rs.1,85,242/- drawn on Vijaya Bank, Vijayawada-2, towards defaulted monthly chit instalments, which was dishonoured due to insufficient funds. Thus, after issuing statutory notice, the complainant Company filed the present complaint. Heard. Learned counsel for the petitioner canvassed before this Court that even though in the statutory notice the particulars of the petitioner is rightly mentioned, the said notice was sent to a fictitious address where the petitioner is not staying. So, in the eye of law, the notice sent by the complainant to the petitioner herein cannot be construed as a statutory notice as defined under Negotiable Instruments Act. This Court also accepts the view of the petitioner when the address given in the notice and envelope are different. But, at the same time this Court is also of the view that whether the petitioner is residing in the said address or not and whether the address given in the notice is correct or not are the questions which can be agitated before the trial Court, under section 482 of the Code of Criminal Procedure, this Court cannot probe into the questions of fact. The petitioner has every right to canvass the said grounds before the trial Court. Further, it is the case of the complainant that the notice is served on the petitioner by way of certificate of posting. As such, the petitioner can raise the said point before the concerned Court and can establish that he is not residing in the address in which notice is purported to be served on him. Learned Magistrate is also directed to consider the said point even prior to proceed with the trial. At this stage, the learned counsel for the petitioner requested for dispensing with the appearance of the petitioner before the trial Court. Considering the facts and circumstances of the case and also in view of the fact that generally identity of the accused in these type of cases does not arise, this Court is inclined to consider the request of the petitioner’s counsel and the presence of the petitioner before the trial Court is dispensed with except on the dates the trial Judge insists for appearance of the petitioner. With above observations, the Criminal Petition is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 08.07.2010 sur