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K. SREENIVASA REDDY
Sunstar Seed Pvt Ltd Rep By D. Sriramulu Reddy – Appellant
Versus
Yeruva arla Reddy – Respondent
ORDER :
This Criminal Petition, under Section 482 of the Code of Criminal Procedure 1973, is filed to quash the proceedings in C.C.No.213 of 2016 on the file of the I Additional Junior Civil Judge, Sattenapalli, Guntur District, registered for the offence punishable under Section 138 of Negotiable Instruments Act, 1881.
2. The facts averred in the present Criminal Petition are that the 1st respondent/complainant is doing business in seeds. The complainant purchased chilli seeds from the company of the petitioner/accused and sold the same to the farmers of Thallacheruvu, Pedapalem Villages and also surrounding villages. The farmers who purchased the said chilli seeds through the accused company have cultivated their lands. But, the said chilli seeds did not give fruitful yielding and the same was informed to the accused company authorities by the complainant. In response, the accused company authorities visited the said fields and agreed to give compensation to the farmers through the complainant and had issued five (5) cheques each, for an amount of Rs.6 lakhs after executing an undertaking letter on 04.01.2016. But, the said cheques were returned with an endorsement ‘funds insuffici
Complaint under Section 138 of the Negotiable Instruments Act is invalid if filed before the mandatory 15-day period post-notice. The court cannot take cognizance until that period has elapsed.
A complaint filed before the expiry of 15 days from the date on which notice has been served on the drawer/accused is not maintainable, and the complainant's remedy is to file a fresh complaint withi....
A complaint under Section 138 of the Negotiable Instruments Act, filed before the statutory period of notice has expired, is not maintainable, but a fresh complaint can be filed within one month if t....
A complaint under Section 138 of the Negotiable Instruments Act is not maintainable if filed before the expiry of the statutory notice period, which affects the cause of action.
The main legal principle established is that a complaint filed under Section 138 of the Negotiable Instruments Act before the expiry of 15 days from the date of receipt of notice is not maintainable,....
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