NOWSHAD ALI Vs. PANNEER SELVAM

JUDGEMENT

(1.) THE petitioner has come forward with this application to quash the proceedings in S.T.C. No. 88 of 2006 on the file of the 1st Additional District Munsif cum Judicial Magistrate, Kumbakonam.

(2.) THE learned counsel for the petitioner would submit that the respondent has preferred a complaint for an offence punishable under Section 138 of the Negotiable Instrument Act stating that the petitioner/accused herein has issued two cheques dated 25.08.2003 for a sum of Rs. 25,000/ - and Rs. 50,000/ - for discharging the legally subsisting liability and when it was was presented for encashment, the same was returned on 12.09.2003 as insufficient funds and hence, he issued a legal notice on 12.10.2013. Thereafter, he presented the cheques again on 24.11.2013 and the same was dishonoured on 28.11.2013 and subsequently, he issued statutory notice on 20.12.2013 and thereafter, preferred the complaint under Section 138 of the Negotiable Instrument Act.

(3.) EVEN though the respondent was served and his name was printed in the cause list, no one is represented on behalf of the respondent.