APHC010468082014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3560]

(Special Original Jurisdiction)

TUESDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 1711/2014 Between:

1. N EELAM BHASKARA RAO, S/O. KRISHNA RAO C/O. VANAPALLI SURYANARAYANA MURTHY R/O. D.NO.68-5-9/2A NEAR GOKULAM ASHOKNAGAR KAKINAGAR EAST GODAVARI DISTRICT ...PETITIONER AND

1. P P HYD ANO, REP. BY THE PUBLIC PROSECUTOR HIGH COURT HYDERABAD

2. V ASAMSETTI RAVI KUMAR, S/O. SUBBARAO R/O. D.NO.65-2-7/2 NARSANNAGAR KAKINADA EAST GODAVARI DISTRICT ...RESPONDENT(S):

Revision filed under Section 397/401 of Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to filed under Section 397 r/w. 401 of Cr.P.C., against the judgment dated 14.08.2014 passed in Crime Appeal No. 179 of 2012 on the file of the Court of the III Additional District and Sessions Judge, East Godavari District at Kakinada confirming the judgment dated 17.04.2012 passed in C.C.No.149 of 2011 on the file of the court of the V Additional Judicial Magistrate of First Class, Kakinada, East Godavari District.

IA NO: 1 OF 2014(CRLRCMP 2793 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to dispense with the filing of certified copy of the Calendar and Judgment dated

17.04.2012 in C.C.No.149 of 2012 passed by the Court of the V Additional Judicial Magistrate of First Class, East Godavari District and pass IA NO: 2 OF 2014(CRLRCMP 2818 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the conviction and sentence imposed in the judgment dated 14.08.2014 passed in Crime Appeal No. 179 of 2012 on the file of the Court of the III Additional District and Sessions Judge, East Godavari District at Kakinada confirming the judgment dated 17.04.2012 passed in C.C.No.149 of 2011 on the file of the court of the V Additional Judicial Magistrate of First Class, Kakinada, East Godavari District and consequently enlarge the petitioner on bail pending disposal of the above Crl.R.C.

Counsel for the Petitioner:

1. P DURGA PRASAD Counsel for the Respondent(S):

1. PUBLIC PROSECUTOR (AP)

2. A K KISHORE REDDY The Court made the following Order:

THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 1711 OF 2014

ORDER:

Being aggrieved by and dissatisfied with the concurrent finding of the learned Courts below against the present petitioner, wherein the learned Courts below found the accused/petitioner guilty for the offence punishable under Section 138 of N.I.Act and convicted him to suffer simple imprisonment for two years, the instant criminal revision case has been preferred.

2. At the outset, the single issue is involved in the instant criminal revision case has to be determined. Issue is:

“Whether the determination of learned trial Court as well as the learned appellate Court regarding service of statutory notice under Section 138 (b) of N.I.Act, upon the present petitioner in his in-laws house, is proper compliance as per the provision of law?”

Or “Complaint made under Section 138 of N.I.Act on the basis of returned demand notice is justifiable?”

3. This dissatisfaction was also raised before the learned trial Court as well as the learned appellate Court, both of the learned Courts below has decided that the statutory notice was properly served upon the petitioner.

4. To understand the fact properly, it is necessary to demonstrate the case, a cheque amounting to Rs.10,00,000/- was forwarded by the petitioner to the complainant. The said cheque was put to the banker to encash but it was returned with endorsement “Account is Dormant”, thereby, the complainant has served a legal notice upon accused/petitioner at the