S ANAND Vs. B NARAYANASAMY

JUDGEMENT

(1.) THE above Criminal Original Petition is directed against the order dated 04.06.2008 passed in Crl.R.C.No.99 of 2007 on the file of the learned IV Additional Sessions Judge, City Civil Court, Chennai.

(2.) THE petitioner is the accused in C.C.No.6513 of 2007 on the file of the learned XXXIII Metropolitan Magistrate, Saidapet, Chennai. THE respondent herein is the complainant therein. THE said case has been taken cognizance of by the learned Magistrate on the basis of the complaint filed by the respondent against the petitioner herein for an alleged offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as -the Act-).

(3.) THE learned Sessions Judge has pointed out that the notice dated 01.12.2004 was returned due to incomplete address and hence the very same notice was again sent on 16.12.2004 to the correct address and both the notices had been sent within the period of one month from 18.11.2004 viz., the date on which the intimation from the petitioner was received by the complainant / respondent herein and therefore the contention that two cause of action have arisen is not sustainable.