M. SHASHIKALA Vs. KRISHNA MURTHY

JUDGEMENT

(1.) The petitioner is facing trial in a complaint filed by the respondent under Section 138 of the Negotiable Instruments Act, 1881 ('Act' for short). Contending that the complaint is not maintainable and no prosecution proceeding can be launched and seeking quashing of the proceeding in C.C.No.51659/2013 pending on the file of the XIV Addl. Chief Metropolitan Magistrate, Mayohall Unit, Bengaluru, this petition was filed under Section 482 of the Cr.P.C.

(2.) Sri P. Narayanappa, learned advocate, contended that even on admitted facts, the complaint is not maintainable, as the statutory notice was not issued within the stipulated period and therefore, the cognizance taken and the process issued being illegal, the impugned proceeding is liable to be quashed.

(3.) Sri Deepak J., learned advocate, on the other hand, submitted that, if this petition is allowed, then, the respondent may be reserved with the right to institute a suit against the petitioner, for recovery of the cheque amount.