B VIJALAKSHMI Vs. R AMARAVATHI

JUDGEMENT

(1.) The criminal original petition in CRL OP(MD) 5109 of 2008 has been filed to quash the proceedings in STC No.630 of 2013 pending on the file of the Fast Track Judicial Magistrate No.I, Madurai.

(2.) Learned Counsel for the petitioner has made following submissions: It is an admitted case that the statutory notice was issued on 30.04.2013 by the respondent / complainant and the said notice was received by the petitioner / accused on 03.05.2013. On the same day, reply notice was sent by the petitioner denying the liability. A compliant was filed on 08.05.2013 and cognizance was taken on 09.05.2013 by the Magistrate Court. Therefore, the learned Counsel submitted that mandatory requirement under Section 138(c) of the Negotiable Instructions Act, was not complied with, since the complaint was filed and cognizance was taken within a period of 15 days, even before the cause of action arose for filing the complaint. The learned Counsel for the petitioner further submitted that no specific averment has been made in the complaint to the effect that the petitioner failed to pay the cheque amount within 15 days from the date of receipt of the notice. This according to the learned Counsel for the petitioner is an essential ingredient, which has to be mentioned in the complaint and in the absence of the same, the complaint is liable to be quashed.

(3.) The learned Counsel for the petitioner relied upon the following judgments to substantiate his arguments: