G BALASUBRAMANIAM Vs. C PERIYASAMY

JUDGEMENT

(1.) This Criminal Original Petition is filed seeking the quashment of the proceedings in C.C. No. 852 of 2004 on the file of the Judicial Magistrate No. 1, Erode.

(2.) The petitioner, who is the accused in the above said criminal case for the offence punishable under Section 138 of the Negotiable Instruments Act, moved this petition for quashment of the proceedings pending before the learned Magistrate. The allegation is that the petitioner issued a cheque to the respondent towards the discharge of a subsisting liability and when the same was presented for payment twice, it was returned dishonoured with the endorsement "exceeds arrangement". The respondent having issued the statutory notice on 1-7-2004, lodged the complaint against the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act.

(3.) Learned counsel for the petitioner would submit that the cheque had been presented well beyond the period of six months from the date of issuance of the cheque. The further submission is that the respondent did not inform the petitioner, before re-presenting the cheque for the second time, about the dishonour of the cheque when it was presented for payment for the first time.