HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.990 OF 2009 DATE:12.08.2010 Between: P. Krishnama Chary …… Petitioners. And: The State of AP., rep. by PP, High Court of AP., Hyderabad and another. …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.990 OF 2009 ORDER: 1. The only question on which the petitioner/accused sought for quashing of proceedings in C.C.No.692 of 2008 on the file of II Additional Judicial Magistrate of the First Class, Nellore for offence punishable under Section 138 of the Negotiable Instruments Act (in short, the Act), is that statutory notice issued by the complainant was not received by him. As per allegations in the complaint, statutory notice was in fact sent by the complainant to the accused within the stipulated period. The complainant alleges that it was returned un-served as the accused evaded to receive the same. The question whether the accused evaded to receive the same or not, is one of fact, which question this Court cannot decide in this petition under Section 482 Cr.P.C. The statute i.e., the Act does not prescribe receipt of notice by the accused as condition precedent for entertaining a complaint under Section 138 of the Act. The Act prescribes only sending of such notice to the proper address of the accused. 2. Hence, the criminal petition is dismissed. __________________________________ SAMUDRALA GOVINDARAJULU,J. Date:12.08.2010. Gk. HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.990 OF 2009 Date:12.08.2010 Gk.