GOVINDAN Vs. ANAND IMPEX

JUDGEMENT

(1.) CRIMINAL Original Petition filed under Section 482 of CODE OF CRIMINAL PROCEDURE, 1973 praying to call for the records pertaining to C.C.No.148 of 2003 pending trial on the file of Learned District Munisif Cum Judicial Magistrate, Mettupalayam and quash the same.) The petitioner who is facing trial before the Learned Judicial Magistrate, Mettupalayam in C.C. No.148 of 2003 for the alleged offence punishable under Section 138 of the Negotiable Instruments Act on the complaint filed by the respondent seeks to quash the said proceedings.

(2.) THE brief facts for the purpose of this petition is given hereunder THE petitioner had purchased Potatoes and he owed a sum of Rs.2,00,000/- and in discharge of the said liability he issued a cheque dated 28.11.2002 for a sum of Rs.2,00,000/- drawn on Canara Bank, Kasturba Nagar Branch, Chennai. THE respondent had presented the cheque for collection on the same day with his bankers namely Tamil Nadu Mercentile Bank Limited, Mettupalayam and the same had been returned unpaid with an endorsement -Funds insufficient-. It was intimated to him by his bankers on 16.03.2003. THEreafter, the respondent has issued a lawyer-s notice demanding the payment of the cheque amount on 30.03.2003. According to the respondent/complainant that the said notice was received by the petitioner but railed to pay the cheque amount within 15 days from the date of receipt of the said notice and hence, the complaint.

(3.) THE learned counsel for petitioner placed reliance on the decision of the Jammu and Kashmir High Court reported in 2003 (20 MWN (Crl.) 49 (J & K) wherein, it is stated that the date of actual service of complainant-s demand notice on accused is the crucial date for the cause of action for an offence punishable under Section 138 of the Act. It is held that the date of receipt of notice is the significant factor so as to accrue a cause of action to the complainant to launch a criminal prosecution within the statutory period prescribed under Section 142(b) of the Act.