S RAVI KUMAR Vs. RAJESH KUMAR R JAIN

JUDGEMENT

(1.) FOR the Accused in CC. No. 3814 of 1993, on the file of the Eighth Metropolitan Magistrate, Madras, has filed this petition under section 482 of the Code of Criminal Procedure, 1973, praying to call FOR the records in the above case and to quash the same.

(2.) THE short facts are: THE respondent herein has filed a complaint against the petitioner for the offence under section 138 of the Negotiable Instruments Act, 1881 (which I shall refer hereafter as "the Act"). THE allegations in the complaint are briefly as follows: THE accused borrowed a sum of Rs. 30, 000 from the complainant on June 15, 1992, and had executed a promissory note therefor. To discharge the said debt, the accused issued a cheque dated December 22, 1992, in favour of the complainant for Rs. 30, 000. THE complainant presented the cheque for encashment. It was returned for the reason, "refer to drawer". THE complainant sent a notice on December 29, 1992, and the accused had received it on December 31, 1992. THE accused met the complainant and requested him to give some more time. On February 20, 1993, the accused sent a letter to the complainant asking him to present the cheque again to realise the amount due. On that instruction, the complainant presented the cheque again. THE cheque was returned with the endorsement "refer to drawer" on February 27, 1993. THE complainant sent a legal notice dated March 1, 1993, to the accused calling upon him to make the payment, the notice was returned on March 12, 1993, as "not found". THE accused is still living at the very same address and the notice was sent to the very same address. In order to cheat the complainant, the accused has not received the notice. Hence, the complaint.

(3.) I have carefully considered the submissions of Mr. A. Shanmughavelu. I shall first refer to the relevant provisions of the Act. Section 142(b) reads as follows: "Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), -... (b) Such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to section 138. "* Clause (c) of the proviso to section 138 is relevant since that has been referred to in section 142(b) and so, to have a complete picture, the said clause (c) needs extraction and it reads as follows: