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2003 Supreme(AP) 1279

C.Y.SOMAYAJULU
Kavuri Suwarna Bala Sundaram – Appellant
Versus
Karmati Poorna Chandra Rao – Respondent


C. Y. SOMAYAJULU, J.

( 1 ) 1st respondent filed C. C. No. 201 /2002 on the file of the Additional Judicial First Class Magistrate, Addanki, under section 138 of the Negotiable Instruments act (for short the Act) against the petitioner in connection with the dishonour of cheque for Rs. 97,000. 00 allegedly issued by him (petitioner)

( 2 ) PETITIONER filed Cri. M. P. No. 1612/ 2003 seeking an order of discharge mainly on the ground that there is a variation in the number of the cheque mentioned in the notice of dishonour with demand for payment and the complaint, and the cheque filed into Court. The learned Magistrate, by the order under revision, dismissed the said petition. Hence, this revision.

( 3 ) THE main contention of the learned counsel for the petitioner is that since the offence under Section 138 of the Act is a technical offence, complainant who does not strictly comply with the mandatory requirements of the statute cannot take shelter under a typographical error and since the number of the cheque dishonoured is mentioned in the notice as 762870, and since the number of the dishonoured cheque is mentioned in para 2 of complaint as 762570, and since the cheque filed into Cou





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