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2006 Supreme(Bom) 493

P.S.NARAYANA
Salvaji Prabhakar Rao – Appellant
Versus
State of A. P. – Respondent


Advocates:
Advocate Appeared
JITENDER RAO, Counsel for the Petitioner.
Public Prosecutor, Counsel for the Respondent No.1.
VENKAT REDDY, Counsel for the Respondent No.2.

JUDGMENT

Heard Sri Jitender Rao, the Counsel for petitioner and Sri Venkat Reddy, the Counsel for R.2-complainant and the learned P.P.

2. The only question raised by the Counsel for petitioner Sri Jitender Rao is that there was no issuance of statutory notice as contemplated by Section 138 of the Negotiable Instruments Act (hereinafter in short referred to as 'N.!. Act'). The learned Counsel would maintain that even if the allegations made in the complaint, if taken on their face value, in view of the specific allegations, made that a notice was straightaway issued by way of paper publication, the same cannot be said to be in compliance with the provisions of the N.I. Act.

3. The learned Public Prosecutor however would contend that these aspects may have to be gone into at the appropriate stage.

4. Sri Venkat Reddy, the learned Counsel representing R.2-complainant would submit that it is no doubt true that there is no specific allegation in the complaint that attempts were made to effect service before making the paper publication but these are all factual aspects which may have to be gone into at the appropriate stage. The learned Counsel also placed strong reliance on the decision










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