JUDGMENT :

Prayer: Criminal Original petition has been filed under Section 482of Cr.PC to quash the complaint in C.C.No.5724 of 2017 on the file of the learned Metropolitan Magistrate Fast Track Court I, Allikulam, Egmore, Chennai.

This Criminal Original petition has been filed seeking to quash the proceedings pending before the Court below in C.C.No.5724 of 2017.

2. The respondent has filed a complaint against the petitioners for an offence under Section 138 of the Negotiable Instruments Act (herein after called as the “Act”). The petitioners have approached this Court seeking to quash the proceedings mainly on the ground that a defective notice was issued by the respondent under Clause (b) of the proviso to Section 138 of the Act. Therefore, according to the petitioners, the complaint itself is not maintainable.

3. The learned counsel for the petitioners brought to the notice of this Court the legal notice dated 13.02.2017, issued by the respondent and specifically relied upon the following portions in the notice, which are extracted hereunder.

In discharge of the liability to refund the Advance payment upon termination of the Agreement by out client, a cheque issued by Sai bearing No