B. KANNAN Vs. K. BALAKRISHNAN

JUDGEMENT

(1.) THE accused in C.C.89 on the file of Judicial Magistrate No. I, Kancheepuram, has filed this petition under Section 482 Criminal Procedure Code, praying to call for the records in the aforesaid case and quash the same.

(2.) THE Respondent has filed the private complaint against the Petitioner for offence under Section 138 of Negotiable Instruments Act. The allegations in it are briefly as follows: -

(3.) MR . M. Karpagavinayagam, would contend that because the first notice could not be served on the accused, the second notice was issued and that he is entitled to issue such a second notice and take advantage of the same by virtue of Section 98(d) of the Act. Section 98(d) of the Act reads as follows.