R. MANIMOZHI Vs. K.T.THAMBI ARASU

JUDGEMENT

(1.) This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.1274 of 2014 on the file of the Fast Track Court No.III (Magistrate Level), Saidapet.

(2.) The case of the respondent is that when the respondent was working as Manager in State Bank of India, Neyveli during the year 2011, the petitioner borrowed a loan for a sum of Rs.15,51,000.00 (Rupees fifteen lakh fifty one thousand only) in various dated from 23/2/2012 to 12/4/2012 and the petitioner assured that he will settle the loan by mortgaging his property. In discharge of a part liability, the petitioner issued a cheque in favour of the respondent for a sum of Rs.14,51,000.00 in bearing No.535324 drawn on State Bank of India, Thirupapuliyur. When the respondent presented the cheque for collection of amount through his bank viz., State Bank of India, Neyveli on 29/6/2013, the cheque was returned with an endorsement "Funds Insufficient" on 9/7/2013. After knowledge of the dishonour of cheque, the respondent issued a legal notice on 13/12/2013. On receipt of the legal notice, the petitioner sent a reply dtd. 3/1/2014 to the respondent by ignoring the transaction between them. Hence, the complainant filed a private complaint before the trial Court. Challenging the same, the present petition has been filed by the petitioner.

(3.) The learned counsel for the petitioner would submit that without going into the merits of the case, he has placed his arguments on the ground that the legal notice was sent by the respondent beyond the period of 30 days as contemplated under Sec. 138(b) of the Negotiable Instruments Act, 1881. He would further submit that cheque was returned on 29/6/2013 and the respondent has to issue a legal notice within a period of thirty days from the date of dishonour of the cheque, however, he sent a legal notice beyond the period of thirty days on 13/12/2013. Hence, on the sole ground the impugned complaint is liable to be quashed.