M SHAMSUDHEEN Vs. V P SOUNDER RAJAN

JUDGEMENT

(1.) The question raised in this appeal is whether a notice issued under Clause.(b) of the proviso to S.138 of the Negotiable Instruments Act, (in short 'the Act') stating, apart from the cheque amount, the interest and cost, thereby demanding an amount more than the amount covered by the cheque, could be considered as a valid notice under the Act.

(2.) The appellant filed a complaint before the Judicial First Class Magistrate Court, Sasthamcotta, against the accused, as the cheque for Rs.4,00,000/- issued by the accused was dishonoured. He had sent a notice stating, inter alia, as follows:

(3.) The accused filed Crl.M.P. 1341 of 1997 before the Court below and prayed, relying on the principle of law laid down by this Court in Raj v. Rajan, 1997 (1) KLT 302 , that the demand of the amount other than the cheque amount, including interest and cost, could render the notice invalid as per the provisions of the Act and hence, the complaint will not lie. The Court below, therefore, allowed the petition and consequently dismissed the complaint. The same is under challenge before this Court through this appeal.