V KALPANA Vs. M PALANI

JUDGEMENT

(1.) THE accused in C.C.No.137/2007 on the file of the learned Judicial Magistrate No.V, Vellore has come forward with the present petition under Section 482 Cr.P.C for quashing the above said criminal proceedings.

(2.) THE submissions made by Mr.J. Kathiresan, learned counsel for the petitioner were heard. THE petition and the documents produced along with the petition were also perused.

(3.) THE petitioner has sought for an order quashing the complaint on yet another ground also. According to the petitioner, the respondent should have sent the statutory notice under Section 138 proviso (b) within 15 days from the date of receipt of intimation of dishonour of the cheque and that since the statutory notice was issued beyond the said period of 15 days, the complaint itself was incompetent and barred by limitation.