Cr.O.P. filed to quash proceedings for cheque dishonour on grounds of limitation and inadequate notice. Court held limitation condonable under proviso to Section 142 NI Act and dismissed petition.
Criminal Original Petition no. 8913 of 2010 is dismissed; connected miscellaneous petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.03.2015
CORAM
The Hon'ble Mr. Justice R.S.RAMANATHAN
Crl.O.P.No.8913 of 2010
and M.P.No.1 of 2010
S.Stanislous ...Petitioner/Accused
vs. Lalesh Kumar Jain ...Respondent/Complainant
Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to call for the records in C.C.No.1900 of 2008 on the file of VIII Metropolitan Magistrate Court, George Town, Chennai-600 001 and quash the same.
For Petitioner : Mr.Boopalan for M/s.J.R.K.Bhavanantham For Respondent : Mr.B.Manoharan for M/s.L.Prabakaran O R D E R
This petition is filed to quash the proceedings in C.C.No.1900 of 2008, on the file of the VIII Metropolitan Magistrate, George Town, Chennai.
2 issues framed by the court
Whether the complaint dated 17.08.2007 under Section 138 of the Negotiable Instruments Act is barred by limitation.
Whether the failure to mention 15 days clear notice in the statutory notice vitilates the proceedings warranting quashing under Section 482 CrPC.
4 provisions across 2 enactments
S.Stanislous
Lalesh Kumar Jain
R.S.RAMANATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
