IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD DATED: THIS the 13th day of April, 2011 PRESENT: THE HON’BLE SRI JUSTICE N. RAVI SHANKAR CRL.P.No. 4154 of 2010 Between: Smt. Alluri Subbalakshmi ..Petitioner and M/s. Sriram City Union Finance Ltd., And another Respondents THE HON’BLE SRI JUSTICE N. RAVI SHANKAR CRL.P.No. 4154 of 2010 O r d e r: The petitioner in this petition filed under section 482 Cr.P.C is the accused in C.C.No.779 of 2009 on the file of the II Additional Judicial Magistrate of First Class, Tanuku. 2. The first respondent herein filed the said case for an offence punishable under section 138 of the Negotiable Instruments Act (for short “the Act”) i.e, cheque-bouncing offence. The only plea of the petitioner is that she has not been served with the statutory notice required by the Act and consequently the complaint is bad. 3. On the other hand, the learned counsel for the first respondent says that statutory notice has been sent to the petitioner, to her correct address; but the petitioner got it returned and as it is a question of fact and it has to be decided in the trial of the case. 4. It may be noted that once a notice is sent to the accused in a S. 138 offence as required by the Act, the question whether it has been served or not or whether there was any defect in the service of the notice are all disputed questions of fact which have to be decided on evidence. That aspect cannot be made as a ground for interference under section 482 Cr.P.C.. 5. Accordingly this petition is dismissed. It shall be open for the petitioner to raise her point in the trial of the case. _____________________ N. RAVI SHANKAR, J. 13---04---2011. *BVS