JUDGMENT :

KRISHNAN RAMASAMY, J.

1. This Criminal Appeal is directed against the judgment passed by the learned Metropolitan Magistrate, Fast Track Court No. 1, Allikulam, Chennai in Calender Case No. 2765 of 2013, dated 08.12.2015.

2. The brief facts of the case are as follows:

(i) The appellant is the manufacturer of the Quality Aluminum Alloy Ingots. The respondent-Company purchased certain materials from the appellant through various invoice, the details of which, are mentioned in the tabulated column:

S. No. Date Invoice No. Amount

1. 27.09.2012 631 Rs. 4,91,240/-

2. 04.10.2012 653 Rs. 5,36,065/-

3. 10.10.2012 677 Rs. 5,45,880/-

4. 31.10.2012 737 Rs. 3,90,238/-

5. 09.11.2012 771 Rs. 10,94,460/-

Total Rs. 30,57,883/-

(ii) Towards payment for such purchase, the respondent-Company issued following cheques to the appellant:

S. No. Date Cheque No. Bank Amount

1. 12.11.2012 746948 SBI Maniyakaram Palayam Branch, Coimbatore Rs. 4,91,240/-

2. 19.11.2012 746949 -do- Rs. 5,36,065/-

3. 25.11.2012 746988 -do- Rs. 5,45,880/-

4. 15.12.2012 746999 -do- Rs. 3,90,238/-

5. 26.12.2012 991956 -do- Rs. 5,00,000/-

6. 29.12.2012 991957 -do- Rs. 5,94,460/-

Total Rs. 30,57,883/-

(iii) When the appellant presented the cheque referred in Serial No. 1, for encashment, the same was dishonoured on account of “insufficient funds.” Therefore, he informed the same to the respondent-Company and they paid entire cheque amount referred in Serial No. 1 in three installments. As far as the cheques referred in Serial Nos. 2 and 4 are concerned, those cheques were also dishonoured and when the same was brought to the notice of the respondent-Company, they settled only a sum of Rs. 3,50,000/- towards the cheque referred in Serial No. 4, in three installments and left the balance of Rs. 40,238/- unpaid. Insofar as cheque referred in Serial No. 2 is concerned, the respondent-Company has not paid any amount, despite their promise to repay the same.

(iv) Subsequently, at the request of the respondent-Company, on 19.02.2013, the appellant presented the cheques referred in Serial Nos. 3, 5 and 6 for encashment. However, the same were returned for “want of funds” on 22.02.2013. Therefore, on 15.03.2013, the appellant issued a legal notice to the respondent-Company, which was received by the respondent- Company on 19.03.2013. After the receipt of the said notice, the respondent-Company neither complied with the demand nor replied to the said notice. Therefore, appellant, having left with no other option, filed a complaint against the respondent-Company under Section 138 of Negotiable Instruments Act, 1881, (hereinafter referred as ‘N.I. Act’) before the Metropolitan Magistrate No. II, Egmore and the same was numbered as C.C. No. 2765 of 2013.

(v) The Court below, after hearing both the parties, passed a detailed judgment on 08.12.2015, thereby, dismissing the case on the ground that in the legal notice issued to the respondent-Company, dated 15.03.2013, the appellant has not specifically mentioned his claim in terms of Section 138(b) of the N.I. Act. Further, the Court below recorded that in the said legal notice, the total outstanding amount, due and payable by the respondent-Company to the appellant was mentioned as Rs. 22,16,643, i.e. towards the cheque amounts referred in Serial Nos. 2, 3, 5, 6 plus Rs. 40,238/- which is the balance amount to be paid towards cheque referred in Serial No. 4, whereby, the appellant called upon the respondent-Company to pay the amount covered by the cheques along with Rs. 1,000/- towards costs of the notice within 15 days from the date of receipt of the legal notice. Whereas, in the complaint dated 03.05.2013, given before the Metropolitan Magistrate, the appellant prayed for an order of compensation of Rs. 17,40,340/-. Since the amount, which the appellant claimed for was not mentioned properly in the legal notice, the Court below dismissed the complaint stating that the legal notice does not satisfy the