SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1993 Supreme(Mad) 779

ARUNACHALAM
RAHMATHULLAH – Appellant
Versus
RAMALINGAM – Respondent


Judgment :

ARUNACHALAM, J.

( 1 ) Petitioner Rahmathullah is the sole accused in C. C. No. 2808 of 1989 pending on the file of Judicial Magistrate, Tambaram. He is being prosecuted for having allegedly committed an offence punishable under Section 138 of the Negotiable instruments Act, on a private complaint instituted by respondent Ramalingam. In this petition preferred under Section 482 Cr. P. C. to call for the records and quash the pending prosecution as not maintainable and an abuse of process of Court, three grounds were urged by Sri Krishnamoorthi, petitioners Counsel : (1) Cheque concerned was drawn on Canara Bank, Park Town, Madras-3 and it was presented for encashment at Tamilnadu State Co-operative Bank Ltd. , pariamet, Madras. However, the complaint has been preferred by the Judicial magistrate, Tambaram under whose jurisdiction neither Park Town, Madras nor periamet, Madras lies. Therefore, cognizance of the complaint by Judicial Magistrate, tambaram, was one without jurisdiction. (2) Statutory notice contemplated under the Negotiable Instruments Act was forwarded with insufficient address, leading to its return without service. In view of insufficiency of address, respo















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top