S SANKAR Vs. C V PASUPATHI

JUDGEMENT

(1.) This appeal has arisen in this way :- The appellant herein preferred a private complaint under S. 200 of the Code of Criminal Procedure before the learned Judicial Magistrate, Bhavani, against the respondent-Pasupathi, alleging that he had committed an offence under S. 138 of the Negotiable Instruments Act. According to the petitioner, he had followed the procedure laid down under the relevant provisions of the Negotiable Instruments Act to prefer the complaint. The learned Judicial Magistrate, Bhavani, took the complaint on file in C.C. No. 281 of 1999 on 9-9-1999. But the complaint was dismissed on 28-4-2000. The learned Judicial Magistrate has passed the following order :-

(2.) The learned counsel for the appellant submits that pending issuance of summons to the respondent, the learned Judicial Magistrate has dismissed the complaint. Since the complaint was dismissed at the threshold before the summons could be sent to the accused, I fell that the respondent has not attained the statute of the accused and notice need not be sent to him.

(3.) Heard the learned counsel for the appellant. In Associated Cement Co. Ltd. v. Keshavanand (1998) 1 Crimes 88 : (1998 Cri LJ 856) (SC), the Apex Court has pointed out as under :-