R RAMACHANDRAN Vs. A P S EXPORTS

JUDGEMENT

(1.) THIS petition is filed by the third accused in S.T.C.No,637 of 2006 on the file of the District Munsif-cum-Judicial Magistrate, Paramathi seeking to quash the proceedings.

(2.) THE respondent has filed the complaint against the petitioner and five other accused under Section 138 of the Negotiable Instruments Act, on the basis that the first accused firm has got a liability of Rs.7,67,885.60/- and issued a cheque on 16.04.2006 for a sum of Rs.3,14,032/- to the complainant drawn on Bank of Baroda, Karur Branch. THE respondent has presented the above cheque for collection in his bank (-Indian Overseas Bank", Karur Branch) on 04.10.2006 and the cheque was returned on the same day with an endorsement "Exceeds Arrangements" vide memo dated 04.10.2006. Intimation was sent to the respondent on the same day from the Bank and he had sent a statutory notice to the accused on 17.10.2006 through his Advocate by registered post. THE accused Nos.1,3,5 and 6 have evaded the service of the notice and accused Nos.2 and 4 alone have received notices on 19.10.2006 and 23.10.2006 respectively. THE petitioner/third accused have failed to collect the notices given by the complainant even though due intimation was given by the postal authorities to them and moreover, notice was sent to his correct address by registered post with acknowledgement due.

(3.) IN Lachhman P.Udhani And Others Vs. Redington (INdia) Ltd. {2006 (4) Ctc 43}, this Court has held as under: