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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
HARINATH N.
Gangavarapu Chandrasekhar Naidu S/o Chenchaiah Naidu – Appellant
Versus
State of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. petition to quash case for dishonoured cheque. (Para 1 , 2 , 3 , 4) |
| 2. legal notice must specify cheque amount. (Para 5 , 6 , 7) |
| 3. invalid notice if cheque amount omitted. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. complaint quashed due to invalid notice. (Para 18) |
| 5. criminal petition allowed. (Para 19) |
ORDER :
1. The petitioner is seeking quash of CC.No.250 of 2023 on the file of Additional Judicial Magistrate of First Class, Kovur. The petitioner is arraigned as accused for the alleged offence under Section 138 of Negotiable Instruments Act.
2. It is submitted that the 2nd respondent filed a complaint alleging that the 2nd respondent along with one M.Naga Raju were in the real estate business and in order to facilitate generation of revenue an agreement of sale cum GPA was entered on the name of the petitioner with an understanding that the accused will re-convey the title to the complainant.
3. It is stated in the complaint that the petitioner along with M.Naga Raju without any intimation to the 2nd respondent executed a registered sale deed to one R.Sunil Kumar and collected the sale consideration. On demand from the 2nd respondent it is alleged tha
A legal notice under Section 138 of the NI Act must specify the amount due; failure to do so invalidates the notice and any subsequent complaint.
A demand notice issued under Section 138 (proviso b) of the Negotiable Instruments Act must specifically state the amount of money demanded; failure to specify the amount renders the notice invalid f....
The legal notice must demand only the cheque amount for the maintainability of a complaint under Section 138 of the NI Act, as per the interpretation of Proviso (b) to Section 138 of the NI Act.
The legal notice under section 138 of the N.I. Act serves the purpose of intimating the drawer about the liability to remit the amount, and a literal interpretation of the law should be avoided to pr....
A valid notice under Section 138 of the NI Act must specify the cheque amount, while additional claims can be made if clearly distinguished.
A demand notice under Section 138 must specify the cheque amount; additional claims do not invalidate it if clearly separated.
A statutory notice under Section 138 must specify the cheque amount correctly; ambiguity renders the complaint invalid.
Dishonour of cheque – When amount mentioned and demanded in notice sent under Proviso (b) to Section 138 of Negotiable Instruments Act, 1881, to payee or holder in due course of cheque, is different ....
The demand notice under section 138 of NI Act should specifically ask for the payment of the cheque amount within the stipulated period.
A legal notice under Section 138 must clearly state the cheque amount due; a vague demand fails to meet legal requirements, rendering the complaint invalid.
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