This court dismissed a Criminal Original Petition seeking to quash a complaint under Section 138 of the Negotiable Instruments Act. The bench held that the statutory notice was issued within the prescribed time and that the allegation of cheque theft is a matter for trial.
Petition dismissed; connected miscellaneous petition closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.06.2015
CORAM
The Hon'ble Mr. Justice R.S.Ramanathan
Crl.O.P.No.20188 of 2009
and M.P.No.1 of 2009
Criminal Original Petition filed under Section 482 of the Criminal Procedure Code to call for records relating to the proceedings in C.C.No.216 of 2009, on the file of Judicial Magistrate No.VI, Coimbatore and to quash the same.
For Petitioner : Mr.C.Prakasam
The accused in C.C.No.216 of 2009 on the file of the Judicial Magistrate No.VI, Coimbatore are the petitioners. The respondent filed a complaint u/s.138 Negotiable Instruments Act and this petition is to quash the said complaint.
that no amount was payable by the petitioners. The learned counsel therefore submitted that on these grounds, the petition has to be allowed and the complaint in C.C.No.216 of 2009 on the file of the Judicial Magistrate No.VI, Coimbatore is liable to be dismissed.
1 cc to M/s.C. Prakasam, Advocate, Sr. 26486
Crl.O.P.No.20188 of 2009 MP (CO) kk 11/6
1 issue framed by the court
Whether the statutory notice under Section 138 of the Negotiable Instruments Act was issued within the prescribed time.
2 provisions across 2 enactments
M/s. Pavai Agro Service
V.Kuppusamy
P.R.Subbaiah
R.S.Ramanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
