SOUTHERN WEAVERS P LTD Vs. K A THAMGAVEL

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of the Code of Criminal Procedure, to call for the records in S. T. R. No. 1630 of 1992 of judicial Magistrate No. III, Salem and to quash the same.

(2.) THE petitioners are the accused Nos. 1 and 2 in S. T. R. No. 1630 of 1992 on the file of the Judicial Magistrate-III, Salem. A complaint was filed by the respondent under Sections 138 and 142 of the Negotiable Instruments Act against the petitioners herein. It is averred in the complaint that the complainant delivered textile goods to the accused for a sum of Rs. 1,10,732. 46 and the accused gave a cheque bearing No. 186645, dated 3. 1. 1991 for Rs. 1,10,732. 46 drawn on Canara Bank, Ammapet branch, in favour of the complainant/respondent. When the complainant presented the cheque for collection through the complainant's bank, Tamil Nadu Mercantile Bank, salem, the same was returned as unpaid due to "insufficient Funds" in the account of the accused. The complainant, after giving 15 days' notice to the accused preferred a complaint as stated above. The learned Judicial Magistrate has taken cognizance of the complaint and issued process to the accused.

(3.) IT is contended by the learned Counsel for the petitioner that once the cheque was returned by the bank for insufficient funds, the offence was committed on that day and the respondent after issue of notice within 15 days from that date ought to have filed a complaint thereafter within 30 days. In the instant case, it is submitted that the cheque was presented for collection on various dates viz. on 3. 1. 1992, 3. 2. 1992, 16. 4. 1992 and 25. 6. 1992. Therefore, it is not in compliance with the provision as contained in Section 142 (b) of the Negotiable Instruments Act, which contemplates a single cause of action.