K V ABDUL MAJEED Vs. A PERUMAL

JUDGEMENT

(1.) The complainant in S.T.No. 2101 of 1992 of the judicial First Class Magistrate's Court, Pattambi, is aggrieved by the dismissal of the Complainant filed by him alleging offence under S.138 of the Negotiable Instruments Act against the respondent.

(2.) The petitioner had alleged that Ext. P1 cheque for a sum of Rs. 16, 800 / - drawn on the Indian Overseas bank, Madras was issued by the respondent to cover the liability arising from purchase of timber planks of different sizes on various occasions from the complainant and that the cheque on presentation was repeatedly dishonoured for want of funds. The last of the series of dishonouring came to the notice of the complainant through intimation sent from the bank only on 9.6.1992. Within three days the complainant sent statutory notice to the respondent. But it was not delivered and came back with the endorsement "door locked" on 29.6.1992. Within one month therefrom i.e. on 28.7.1992, the complaint was filed.

(3.) A perusal of the impugned judgment shows that the reason for dismissal of the complaint was the fact that the notice was issued only based on the last of the series of dishonouring by the bank and that the petitioner could have sent the notice even when the cheque was dishonoured for the first time on 18.1.1992. In that regard the learned Magistrate relied on the decision in Kumaresan v. Ameerappa, 1991 (1) KLT 893 to take the view that repeated presentation of cheques cannot confer cause of action on the payee to file complaint under S.138 of the Negotiable Instruments Act.