R V NATARAJAN Vs. MEERA RAJAGOPAL

JUDGEMENT

(1.) THE petitioner in all the three petitions along with two others borrowed from the respondent a sum of Rs.1,08,000. On 10.1.1990 he gave a cheque for the repayment of the above amount and the same was dishonoured. THEreafter, on 14.3.1990 he entered into an agreement with the respondent for the repayment of the said amount and postdated cheques bearing Nos.16908, 16909 and 16910 were handed over to the respondent. When presented for the payment, the first cheque was returned with an endorsement of "refer to drawer" on 14.7.1990. THE next cheque was returned with a similar endorsement on 6.8.1990 and the last cheque was returned on 10.9.1990. THEreafter, the respondent issued notices on 27.7.1990, 16.8.1990 and 15.9.1990 respectively. THEse notices were served on the petitioner on 28.7.1990, 16.8.1990 and 17.9.1990. Since there was no response, the respondent lodged three complaints under Sec.142 of the Negotiable Instruments Act against the petitioner before the Judicial Magistrate No.3 at Erode on 11.9.1990 for the first two cheques and on 16.10.1990 for the third cheque. THEy are C.C.Nos.765, 766 and 767 of 1990. In these petitions, the petitioner who is the accused in the cases seeks to quash the complaint against him under Sec.482, Crl.P.C.

(2.) UNDER Sec.138 of the Negotiable Instruments Act, where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge of any debt is returned by the banker unpaid for want of sufficient funds standing to the credit of that account or funds arranged by agreement made with that bank, such person shall be deemed to have committed an offence. The pre-requisites for making such person liable under that section are: (i) the cheque should have been presented to the bank for payment within a period of six months from the date it bears. (ii) the holder makes a demand for the payment of the amount by giving a notice in writing to the drawer of the cheque within fifteen days of the receipt of information from the bank on dishonour. (iii) the drawer of such cheque fails to make the payment within fifteen days of the receipt of that notice. In this case, there is ho dispute that these conditions are satisfied.