ARAMUGHAN Vs. SUDHEESH KUMAR

JUDGEMENT

(1.) This petition is filed to quash Annexure A3 complaint in the interest of justice. The prosecution under Section 138 of the Negotiable Instruments Act alleging that the accused in discharge of the liability had issued a cheque for Rs. 2,00,000 which when presented for encashment returned with an endorsement of insufficiency of funds and that the amount has not been paid and so the prosecution.

(2.) The learned counsel for the petitioner contends that the whole proceeding is vitiated on account of the statutory non-compliance contemplated under Section 138(b) of the Negotiable Instruments Act. Under Section 138(b) of the Negotiable Instruments Act held that: