ORDER:

1. This Criminal Petition is filed to quash the proceedings in C.C.No. 1551 of 2019 on the file of XIV Additional Judge-cum-XVIII Additional Chief Metropolitan Magistrate at Secunderabad for the offences under Section 138 of the Negotiable Instruments Act.

2. The petitioner is questioning the prosecution under Section 138 of the Negotiable Instruments Act for return of the cheque presented after three months from the date on the cheque.

3. The case of the 2nd respondent is that the cheque bearing No. 029221 dated 21.09.2018 for Rs.9.00 lakhs was issued. The said cheque was presented for clearance on 27.12.2018 in the bank where the 2nd respondent was maintaining his account and same was returned unpaid on the ground of ‘insufficient funds’.

4. Aggrieved by the said return of the cheque, notice was issued and thereafter, for the reason of not paying amount covered by the cheque, complaint was filed.

5. The only ground raised by the learned counsel for the petitioner is that the cheque is dated 21.09.2018, however, the said cheque was presented on 27.12.2018, which is beyond the validity period of three months of the cheque. For the said reason, the prosecution cannot be maintained