K DEVARAJ Vs. T K KOYA

JUDGEMENT

(1.) This is a petition to quash the proceedings in C.C. No. 220 of 2001 on the file of the Judicial Magistrate No. 1, Chengalpattu against the petitioner for an offence under S. 138 of the Negotiable Instruments Act (hereinafter referred to as the Act).

(2.) This Court, normally would not be inclined to quash the proceedings of an offence under Section 138 of the Act, unless the mandate of Sections 138 and 142 of the Act has not been strictly followed. However, this is one of those cases, where there appears to be a lacuna on the part of the complainant, of having not spoken anything about the cause of action that arose for consideration.

(3.) The short facts as disclosed in the complaint is that the petitioner had given two cheques bearing Nos. 344543 and 344544 dated 20-3-2001 and 29-3-2001 (the details of which need not be gone into for the purpose of this petition) in favour of the complainant, of which, one cheque, on presentation got dishonoured on the ground of stop payment. The fact of dishonour was intimated to the complainant on 24-4-2001 by his banker. Accordingly, the complainant issued a notice to the petitioner dated 2-5-2001 mentioning about the dishonour of the cheque and called upon him to pay the amount within 15 days and thereafter he has filed the present complaint.