NATARAJ Vs. K DHARMARAJ

JUDGEMENT

(1.) THE revision is filed by the petitioner against the dismissal of the private complaint filed under Sections 138 and 142 of Negotiable Instruments Act, stating that the return memo was issued on 03.01.2009, since the statutory notice was issued only on 13.02.2009, which is beyond 30 days from the date of return of the cheque. So the complaint filed by the petitioner was dismissed, against which, the present revision has been preferred by the petitioner/complainant.

(2.) HEARD the learned counsel for the petitioner.

(3.) ON perusal of the record shows that the revision petitioner preferred a private complaint dated 17.03.2009 under Sections 138 and 142 of Negotiable Instruments Act, stating that the respondent herein has borrowed a sum of Rs.10,00,000/ - for his family expenses and business purposes on 30.11.2008 and for discharging the same, the respondent issued a cheque bearing No.230101, dated 30.12.2008. When the said cheque was presented in the Bank for encashment on 30.12.2008, it was returned along with the memo dated 03.01.2009 with the reason as "Funds insufficient". Thereafter, the petitioner sent a legal notice dated 13.02.2009 to the respondent and the respondent sent a reply notice for the same on 25.02.2009. As per the return memo, it was issued on 03.01.2009, but the legal notice was issued by the petitioner only on 13.02.2009, which is beyond 30 days from the date of return of cheque. So as per Section 138 of Negotiable Instruments Act, the petitioner ought to have issued a prerequisite notice within 30 days from the date of return memo. Since the legal notice was issued by the petitioner beyond the statutory period of 30 days, there is no cause of action for filing the complaint. The trial Court has considered this aspect in proper perspective and dismissed the private complaint.