R SHANKAR Vs. CITY BANK

JUDGEMENT

(1.) THE accused in C. C. No. 6477 of 1993 on the file of the xivth Metropolitan Magistrate, Egmore, Madras , has filed this petition under section 482 of the Criminal Procedure Code, 1973, praying to call for the records in the above case and quash the same. THE short facts are : THE respondent has filed the complaint against the petitioner for the offence under section 138 of the Negotiable Instruments Act, 1881 (which I shall hereafter refer to as "the Act" ). THE allegations in it are briefly as follows : THE accused is a card member of the complainant-bank and using that card, the accused purchased goods on credit. When the bills were raised by the complainant, the accused issued a cheque drawn in favour of the complainant for a sum of Rs. 7, 500. THE cheque was presented by the complainant. It was returned-unpaid by the bank on May 11, 1993 , for the reason "insufficient funds". THE complainant immediately issued notice to the accused on May 12, 1993. THE accused had received notice but had not paid any amount to the complainant till date. THE accused has committed offence punishable under section 138 of the Act. Hence, the complaint.

(2.) MR. T. K. Sampath, learned counsel appearing for the petitioner, would submit that in this complaint, the date of receipt of the notice by the accused was not mentioned and the cause of action arises only if the amount was not paid before the expiry of 15 days from the date of notice and because of this omission to mention the date of receipt of notice, the complaint is liable to be quashed.