THE HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARA CRIMINAL PETITION No.8441 of 2009 ORDER: The petitioner who is the complainant in a case under Section 138 of the Negotiable Instruments Act 1881, questions order dated 12.06.2009, passed by the lower Court in C.F.R.No.1473 of 2009. The lower Court rejected the complaint on the ground that registered letter was returned to the sender as ‘insufficient address’ and that there is no record to show that the certificate of posting envelope was served on the accused as it was also addressed to the same address as registered cover. It is contended by the petitioner’s counsel that notice was served on the 2nd respondent/accused in this criminal petition to the same address. It is not for the Magistrate to proceed on surmises and conjectures and to reject the complaint. It is for the accused to come forward and take a plea to the effect that notice sent by certificate of posting was not served on him. The impugned order of the lower Court is unsustainable. 2. In the result, the Criminal Petition is allowed setting aside the impugned order of the lower Court and directing the lower Court to take cognizance of the complaint for the offence under Section 138 of the Negotiable Instruments Act and issue summons to the accused therein. ______________________________ JUSTICE SAMUDRALA GOVINDARAJULU Dt:16.12.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.8441 of 2009 Dt:16.12.2011 ysk