1. The brief facts that are necessary for the disposal of the above criminal Original Petition are set out below:

The respondent herein filed a Complaint for the alleged offence under Section 138 r/w Sections 141 & 142 of the Negotiable Instruments Act against M/s. Rathanam & Rathanam Tannery, a partnership firm, its partner Mr. S.P. Venkatachalam and another partner, the petitioner herein. The Complaint was taken on file as C.C. No.317 of 2006 and the same is pending the file of the Judicial Magistrate, Perundurai and the petitioner is arrayed as 3rd accused therein. The petitioner has filed the above Quash Petition to quash further proceedings in C.C. No.317 of 2006.

2. The case of the petitioner is that the cheque issued by the first accused-Firm was returned unpaid on 23.06.2006 with an endorsement ‘Account Closed and the intimation from the bank was received on 26. 2006. The respondent herein has issued a legal notice dated 7. 2006 to the following address:

"P. Loganathan,

Partner: Rathanam & Rathanam, S/o Porappanna Gounder,

11-Powar House Road,

Erode - 1."

The said legal notice was returned with a postal endorsement "No such person"; thereafter, the respondent has