ARUNACHALAM
RAHMATHULLAH – Appellant
Versus
RAMALINGAM – Respondent
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
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