G. Bikshapathy, J.:

The matter has been referred to the Division Bench at the instance of our learned brother K.S.Srivastav, J. The case arose under Sec.138 read with Sec.142 of the Negotiable Instruments Act, 1881. The issue that is referred is as follows:

“Whether the court can proceed with the case if it comes to its knowledge that the offence is committed during the pendency of the premature complaint”

2. A few facts are necessary for proper appreciation of the case. The appellant is the complainant and the accused is the respondent in C.C. No.108 of 199.1 on the file of II Additional Munsif Magistrate, Chirala. The respondent issued a cheque for Rs.18,000, dated 30.4.1991 in favour of the appellant. The said cheque was dishonoured by the bank on 7.5.1991 and the same came to the knowledge of the appellant on 13.5.1991. The appellant, thereafter issued notice on 25.5.1991 through registered notice requiring the respondent to arrange payment. The said notice was returned to the appellant by the postal authorities stating that the respondent refused to accept the notice on 27.5.1991. The appellant filed criminal complaint before the II Additional Munsif Magistrate; Chirala o