A Criminal Original Petition under Section 482 Cr.P.C. to quash a cheque dishonour complaint was dismissed. The Court held that omission of the return date in the complaint is a factual issue for the trial court and does not vitiate the prosecution.
Petition under Section 482 Cr.P.C. dismissed; connected miscellaneous petitions 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
Delivered On : 02 .06.2015 Reserved On : 30.04.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
Crl.OP No.9399 of 2015 and M.P.Nos.1 and 2 of 2015
R.Sekar ... Petitioner/Accused
Vs
M/s.Beiersdorf India Pvt. Ltd., Regd. Office at Rua De Ouram, Panaji, Goa-403 001. Branch Office: P.L.Agencies, SP 103, Ambattur Industrial Estate, Ambattur, Chennai – 600 058. Rep. by its Power of Attorney Agent Mr.S.Senthil Murugan ... Respondent/Complainant
Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to the complaint in C.C.No.285 of 2014 on the file of the Judicial Magistrate III, Salem and quash the same.
For Petitioner : Mr.C.K.M.Appaji ORDER
Heard the learned counsel for the petitioner/accused.
complainant presented both the cheques, they were dishonored. The complainant issued statutory notice dated 10.04.2013 and since the accused did not repay the amount, launched the prosecution under Section 138 of the Negotiable Instruments Act against the accused.
“6.The complainant submits that thereafter they made a demand by way of Legal Notice dated 10.04.2014 and it has been returned and the complaint is made within the stipulated time provided under the amended provisions of the Negotiable Instruments Act and hence within time.”
In the result, this petition is devoid of merits and the same stand dismissed. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed.
vsm To
The Judicial Magistrate III, Salem.
Crl.OP No.9399 of 2015 and M.P.Nos.1 & 2 of 2015 VGI(CO) CA(11/06/2015)
2 issues framed by the court
Whether the High Court can quash the prosecution under Section 138 NI Act on the ground that the date of return of the statutory notice was not mentioned in the complaint.
Whether limitation is a question of fact for the trial Court or the High Court exercising its powers under Section 482 Cr.P.C.
2 provisions across 2 enactments
R.Sekar
M/s.Beiersdorf India Pvt. Ltd.
P.N.PRAKASH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
