P VIJAYAKUMAR Vs. TATA FINANCE LTD

JUDGEMENT

(1.) COMMON Order: these criminal original petitions are filed to quash the proceedings in C. C. 7129 and 7128 of 2002 respectively on the file of XVII Metropolitan Magistrate, Saidapet, which were for an offence under section 138 of Negotiable Instruments Act.

(2.) COUNSEL for the petitioner / accused pointed out that the two complaints contemplated seven bounced cheques and they are cheque Nos. 224697 dated 01. 10. 2001, 224698 dated 01. 11. 2001, 224699 dated 01. 12. 2001, 224700 dated 01. 01. 2002, 224701 dated 01. 02. 2002, 224702 dated 01. 03. 2002 and 224703 dated 01. 04. 2002 drawn on Union Bank of India, Mylapore, Chennai-4. They were said to have been issued by the petitioner/accused to M/s. Tata Finance Limited, the respondent/complainant towards payment of instalments due under Hire Purchase Agreement between the parties. Those cheques were bounced for insufficient funds in the said account of the petitioner/accused. The complaints were filed on 08. 05. 2002.

(3.) COUNSEL for the petitioner/accused further submitted that there were notices of demand under section 138 of Negotiable Instruments Act, issued on various dates for the bouncing of the respective cheques. Those notices were found dated 09. 10. 2001, 07. 12. 2001, 09. 01. 2002, 07. 02. 2002, 04. 03. 2002 11. 11. 2001 and 08. 04. 2002 respectively shown to have been received on the ensuing day of its issue. Therefore, the complaints in accordance with provision of Section 138 of Negotiable Instruments Act, ought to have been filed on the dates earlier than the actual date of filing, namely, 08. 05. 2002. Since the complaints were not filed well within time, the petitioner seeks quashing of the proceedings initiated under the said complaints dated 08. 05. 2002.