RAMESH Vs. C KANCHANA

JUDGEMENT

(1.) IN both these Criminal Original Petitions, parties are the same. The respondent herein presented private complaints against the petitioner for the offence punishable under Section 138 of the Negotiable INstruments Act and the same were taken on file by the II Metropolitan Magistrate, Egmore, Chennai, in C.C. Nos.9013 and 9014 of 2003, and the petitioner seeks to quash those proceedings pending against him before the learned Magistrate.

(2.) LEARNED counsel for the petitioner referred to paragraph No.6 of the complaints and submits that though it is stated therein that statutory notices dated 03.10.2002 and 19.08.2002 had been issued and the same were received by the accused, in contrary thereto, the next line proceeds to the effect that 'the accused has willfully and wantonly not claimed the notice and also failed to pay the cheque amount'. According to him, contrary statement has been made in the complaints and therefore, receipt of the notice itself is doubtful. Further, by stating that the complainant has not furnished correct address while preferring private complaint, learned counsel seeks to quash the proceedings.