R SUBRAMANIAN Vs. K DEVARAJAN

JUDGEMENT

(1.) THE petitioner is an accused for an offence punishable under Section 138 of the Negotiable Instruments Act.

(2.) IT is alleged in the Complaint at paragraph-6 that a statutory notice dated 7.11.1995 was issued and the accused refused to receive the same and requested the complainant to represent and encash the amount. Subsequently, the complainant alleged to have deposited the same cheque on 20.1.1996 and again it was dishonoured. A second notice was issued on 3.2.1996 and as the petitioner/accused refused to receive the same, it was returned on 13.2.1996.

(3.) ADMITTEDLY, on the strength of the second notice, the private Complaint has been initiated. When once the statutory notice is issued, at the first instance itself cause of action arises and the complainant should have initiated the Complaint. The principle laid down by the Supreme Court is equally applicable to the case on hand. Therefore, in such circumstances, the proceedings pending before the learned Judicial Magistrate in C.C. No. 237 of 1996 deserves to be set aside and is accordingly set aside. The Petition is ordered accordingly.