Madras High CourtCRL OP(MD)/7761/2014dismissed

B.Palaniappan v. V.Packiyam

2015-02-27Honourable Mr Justice C. T. Selvam2 pages

BEFORE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2015 THE HONOURABLE MR. JUSTICE C.T. SELVAM CRL.O.P.(MD)No.7761 of 2014 and M.P.(MD) Nos. 1 and 3 of 2014 B.Palaniappan

...Petitioner/Accused

Vs.

V.Packiyam ..Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in C.C.No.45 of 2014 on the file of the Judicial Magistrate No.1, Virudhunagar and quash the same as illegal and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case.

For Petitioner :

Mr.J.Jeyakumaran For Respondent :

Mr.G.Marimuthu O R D E R The petitioner seeks quash of proceedings in C.C.No.45 of 2014 on the file of the Judicial Magistrate No.1, Virudhunagar.

2. We have heard learned counsel for the petitioner and learned counsel for the respondent.

3.The petitioner is the accused in such case wherein he is alleged to have committed offence under Section 138 of Negotiable Instruments Act.

4. The sole ground raised by the learned counsel for the petitioner, which is to be immediately rejected is that the respondent, having once caused statutory notice,has represented the cheque and thereafter issued further statutory notice under Section 138 of https://hcservices.ecourts.gov.in/hcservices/ Negotiable Instruments Act and then preferred the complaint.

5. The learned counsel for the respondent relied on the judgment in MSR Leathers Vs.S.Palaniappan & another reported in 2013(1)MWN (Cr.) (DCC) 19(SC) wherein the Hon'ble Supreme Court has held that a holder of cheque can present cheque any number of times within a period of 6 months or during its validity.

6. In view of the said judgment, the cheque may be presented any number of time within the validity period and mere issue of statutory notice on the earlier presentation would not be bar to further action of complaint under Section 138 of Negotiable Instruments Act. Hence, this petition is dismissed. Consequently, connected M.P.s 1 and 3 of 2014 are closed.

Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To The Judicial Magistrate No.1, Virudhunagar.

+1cc to Mr.G.Marimuthu,Advocate SR.No.9290 CRL.O.P.(MD)No.7761 of 2014 and M.P.(MD) Nos. 1 and 3 of 2014 27.02.2015 ses PA/11.03.2015/2P/3C https://hcservices.ecourts.gov.in/hcservices/