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2019 Supreme(AP) 333

U.DURGA PRASAD RAO
Nemalipitta Vidya Sagar – Appellant
Versus
State of A. P. – Respondent


Advocates Appeared:
For the Appellant : R. Siva Sai Swaroop.
For the Respondents: Public Prosecutor and N. Siva Reddy.

ORDER :

U. Durga Prasad Rao, J.

1. In this petition the accused assails the cognizance order of the learned II Additional Chief Metropolitan Magistrate, Visakhapatnam in C.C. No. 518 of 2017 for the offences under Sections 138 and 142 of Negotiable Instruments Act, 1881 (for short, "N.I. Act") on the ground that the complaint was filed beyond the statutory period of limitation prescribed under Section 138 of N.I. Act and the trial Court took cognizance without affording prior notice to the petitioner. It should be noted that the petitioner averred several grounds in the petition but ultimately confined his argument to the limitation aspect.

2. As per complaint allegations in C.C. No. 518 of 2017, towards the principal and interest under promissory note dated 08.03.2014 and advance amount of lease agreement dated 12.09.2012, the petitioner/accused issued a cheque bearing No. 000117, dated 25.12.2015 for Rs. 9,00,000/- drawn on Bank of India, Salur Branch, Vizianagaram District and the complainant presented the cheque for collection in State Bank of India, Venkateswarametta Branch, Visakhapatnam on 17.03.2016 which was bounced back on 19.03.2016 with an endorsement "payment stopped by d

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