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2007 Supreme(Mad) 1324

R.REGUPATHI
Arun – Appellant
Versus
G. Sankara Narayanan – Respondent


Advocates:
For the Petitioner:S.D. Ramalingam, Advocate. For the Respondent:N.Kumanan, Government Advocate (Crl. Side).

Judgment :-

The petitioner is the sole accused in C.C.No.1050 of 2004 on the file of the learned District Munsif cum Judicial Magistrate, Ambattur for an offence punishable under Section 138 of the Negotiable Instruments Act.

.2. In the notice given, a demand has been made for making payment of the money mentioned in those two cheques, each for Rs.5,000/-dated 31.03.2004 and 30.04.2004. Since it has not been paid, it resulted in the complaint before the learned Magistrate.

.3. Learned counsel appearing for the petitioner submits that in the statutory notice given, though two cheques each for Rs.5,000/-has been mentioned, in the last paragraph, it has been mentioned as follows:

."Therefore, you are hereby called upon to pay the said amount of Rs.5,65,150/-within 15 days on receipt of this notice..".

4. Relying on the language used in the last paragraph of the notice, it is contended that the demand made is confusing. The petitioner could not understand whether the demand has been made for the two cheques, each for Rs.5,000/- or for Rs.5,65,150/-. When a notice is given, it must convey the actual demand and it must be unambiguous to constitute the offence, in the event of the fai









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