N S RASHEED Vs. R LOGANATHAN

JUDGEMENT

(1.) THIS petition has been filed to call for the records of the learned Judicial Magistrate, Alandur, Chennai, and quash the proceedings in C.C.No.244 of 2007 on his file.

(2.) PETITIONER is accused in C.C.No.244 of 2007. Respondent lodged a complaint under Section 138 of the Negotiable Instruments Act before the Court below, on the strength of two cheques for Rs.1,60,000/- each, dated 05.09.2006. It is stated in the complaint that on 09.10.2006, he issued a legal notice, which was received by the accused.

(3.) IT is very much stressed by the learned counsel for the petitioner that the date of cheques being 05.09.2006, presenting of the same on 02.09.2006 is not proper; on 02.09.2006, the cheques remained only as bills of exchange and they did not become cheques. In support of his contention, the learned counsel relied upon a decision of the Hon'ble Supreme Court in Shri Ishar Alloy Steels Ltd. v. Jayaswals Neco Ltd., 2001 Supreme Court Cases (Cri) 582 = 2001 (3) Supreme Court Cases 609, in which it was held that when a post-dated cheque is written or drawn, it is only a bill of exchange.