The petitioner is accused in C.C.No.367 of 2015 on the file of the Judl.Magistrate of First Class, Mahabubnagar district, which is outcome of a private complaint of the 2nd respondent taken cognizance for the offence punishable under Section 138 of Negotiable Instruments Act (for short, ‘the Act’) and issued summons; same is now impugned by the petitioner with the contentions that the very taking of cognizance is unsustainable for no offence made out within the meaning of Section 138 of the Act, to make it punishable thereunder. For that the cheque placed reliance by the complainant enclosed at page No.6 to the quash petition bearing No.299855 drawn on State Bank of Hyderabad, Railway Station road branch, Shadnagar, for Rs.1,00,000/ - dt.22.12.2013. It is referred as ‘Pay self’ to mean it is a self-cheque and there is no Payee much less Holder or Drawer in due course transferred either for consideration of the claim to the Holder in due course or even for collection to claim as Holder within the meaning under Sections 8 and 9 of the Act that is contemplated by Section 138(b) of the Act to constitute the offence of such cheque is issued to dishonour for insufficient funds under Section 138 of the Act. A perusal of the complaint averments no where shows any document of the self-cheque given to the complainant to claim either as Holder under Section 8 much less Holder in due course for consideration bonafide under Section 9 of the Act. In the absence of any document, it is hardly believable of the self-cheque was transferred to claim is for not Payee in the due course u/ sec.138 of the Act to constitute the offence. What the learned
