INDIAN REAL ESTATE Vs. CHITRAKANNAN PROCESS

JUDGEMENT

(1.) THIS application has been filed by the petitioners to quash the proceedings initiated against them by the respondent complainant in C. C. No. 228 of 1996 on the file of the Judicial Magistrate, Sivakasi, for the offence under section 138 of the Negotiable Instruments Laws (Amendments) Act, 1988.

(2.) MR. Rajagopalan, the learned counsel for the petitioners would press into service the following contentions before this Court : (1) Though the cheque was dishonoured on 30. 3,1996, the statutory notice was despatched on 19. 4. 1996. Hence, the notice issued by the respondent is clearly beyond 15 days time as completed under the provision of Negotiable Instruments act. (ii) The cheque presented before the Court was dishonoured with the endorsement to the effect of stoppage of payment. Therefore, the provisions of Negotiable instruments Act cannot be invoked by the respondent. (iii) The power of Attorney by Mr. Samuthrakani, who is the manager of the company, on behalf of the complainant, filed before the lower Court at the time of filing of the complaint, is not a valid document.

(3.) THOUGH the notice was served on the respondent, there is no representation on his behalf.