S G PANDALAI Vs. JACOB C ALEXANDER

JUDGEMENT

(1.) These M. Cs. are filed by the accused in C.C. Nos. 464/98 & 976/99 pending before the Judicial First Class Magistrate's Court V, Thiruvananthapuram and Chief Judicial Magistrate's Court, Thiruvananthapuram respectively, to quash the entire proceedings under S.482 of the Cr.P.C.

(2.) On the basis of Annexure.B complaints filed by the complainant, who is the 2nd respondent in Crl. M. C. 2719/99 and 1st respondent in Cr. M. C. 3383/99, the petitioner is standing trial for the offence punishable under S.138 of the Negotiable Instruments Act before the J.F.C.M.'s Court V, Thiruvananthapuram and C. J. M.'s Court, Thiruvananthapuram respectively. Annexure.A is the copy of the notice sent by the complainant intimating the petitioner about the dishonour of the cheques and calling upon him to pay the amount.

(3.) The petitioner has contended that Annexure.A notice sent on behalf of the drawee of the cheque is not in conformity with proviso (b) to S.138 of the N.I. Act, that Annexure.B complaint does not disclose the ingredients of the offence punishable under S.138 of the N.I. Act and that the notice is issued not as per the instructions given by the payee or the holder in due course as stipulated in proviso (b) to S.138 of the N.I. Act and is issued as per the instructions given by the power of attorney holder of the payee of the cheque and therefore, the notice is invalid in law.