ANANDAM AND CO Vs. M SIRAJUDEEN

JUDGEMENT

(1.) This is an application to quash the proceedings in C.C.No.5961 of 2000, on the file of XVI Metropolitan Magistrate, filed against the petitioners for the offences punishable under Section 138, 141 and 142 of the Negotiable Instruments Act (hereinafter referred to as `the Act').

(2.) It may not be necessary to go deep into the facts and circumstances of the averments mentioned in the complaint. Suffice it to state that the accused herein have issued cheques towards pre-existing liability to the complainant, which on their presentation, were returned on the ground of `insufficient funds'. Subsequently, after observing all the formalities contemplated under the Act, the present prosecution has been launched.

(3.) The argument of the learned counsel for the petitioners is that the complaint only discloses the fact of A-1, A-2 and A-4 having received the notices, while the third accused refused to receive the notice and accordingly, the prosecution has been launched. Therefore, according to the counsel, there is no mention in the complaint to the effect that in spite of the notice being sent and waiting for the mandatory period of 15 days, the amount has not yet been paid.