MANOJ K SETH Vs. R J FERNANDEZ

JUDGEMENT

(1.) Petitioner seeks to quash the proceedings in C.C.No. 479 of 1990 pending before the Chief Judicial Magistrate's Court, Ernakulam by invoking S.482 of the Cr. P.C. Respondent filed a complaint against petitioner alleging that a cheque issued by the petitioner on 6-3-1990 for an amount of Rs. 15,192.65 drawn on the Syndicate Bank, Ernakulam was presented for encashment on 2-8-1990 was dishonoured on 3-8-1990, and that though notice as required under Clause (b) of proviso to S.138 of the Negotiable Instruments Act, 1881, for short 'the Act') was issued, the petitioner failed to make the payment within 15 days of the receipt of the notice, and therefore the petitioner has committed offence under S.138 of the Act.

(2.) According to the petitioner, the cheque postdated 6-3-1990 was drawn on 1-3-1986; and since the cheque was not presented within six months from the said date as required under Clause (a) of proviso to S.138 of the Act, no offence under the said section is disclosed and therefore it is necessary that the proceedings is quashed.

(3.) The learned single Judge before whom the matter came up for consideration felt that the matter has to be considered by a Division bench since the view taken in Paramjith Singh v. Job ( 1989 (2) KLT 740 ) was not endorsed by another single Judge and the same was referred to a Division Bench for consideration.