K PRASHANTH Vs. BHARTI TELENET LIMITED

JUDGEMENT

(1.) THE petition is filed seeking to quash the criminal proceedings in C. C. No. 3505 of 2003 on the file of the XIV Metropolitan Magistrate, Egmore, Chennai.

(2.) IN the criminal proceedings initiated by the respondent/complainant for offence punishable under section 138 of the Negotiable Instruments Act as against the petitioner/accused, the latter, having contended that the statutory notice was slapped on the petitioner/accused only after the expiry of 15 days from the date of intimation of the return of the cheque, seeks for quashment.

(3.) THE complainant is Bharti Telenet Limited. The accused K. Prashanth subscribed for the telephone services provided by the Telephone Company by sending a subscription form accepting the terms and conditions therein. The accused was highly irregular in making payment under the said agreement. The accused was liable to pay a balance sum of Rs. 9,00,000/= towards the aforesaid services provided to the accused. The accused issued a cheque bearing No. 653575 dated 14. 1. 2003 for a sum of Rs. 9,00,000/= drawn on Hong Kong and Shanghai Banking Corporation Limited, Mylapore, Chennai. The complainant presented the cheque for payment, but the cheque was returned unpaid by the banker with the endorsement "payment stopped by the drawer". The complainant issued lawyer's notice dated 10. 2. 2003 calling upon the accused to pay the amount, but, the notice was returned on 11. 2. 2003. The complainant, having thus alleged, prosecuted the accused for the offences punishable under section 138 of the Negotiable Instruments Act before the learned XIV Metropolitan Magistrate, Egmore, Chennai.