Shah, J.—Leave granted.

2. Despite service of notice, none appears on behalf of the respond­ents.

3. By impugned judgment and order dated 27.11.2000 the High Court of Madras allowed Criminal OP No. 14007 of 1999 and quashed the proceed­ings under Section 138 of the Negotiable Instruments Act, 1881 (here­inafter referred to as “the Act”) on the ground that there was breach of mandatory provision in issuing the notice as the cheque was re­turned on 13th January, 1994 and complainant issued notice on 29th January, 1994, which fell outside the period of 15 days.

4. It is contention of the learned counsel for the appellant that appellant filed criminal complaint before the Metropolitan Magistrate, Chennai, on the ground that in respect of a liability on a promissory note, a cheque was issued in favour of the complainant on 121.1994 for a sum of Rs. 5 lakhs. When the cheque was presented in the bank, it was returned on 13.1.1994 with an endorsement “payment stopped by drawer”. Hence, appellant issued notice on 29.1.1994 which was re­ceived by the respondent on 4.2.1994. It is submitted that the appel­lant was informed about the dishonour of cheque only on 17.1.1994 as there were Pon