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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.DHANABAL
Nakoda Gems & Jewellery Prop. C. Suresh Kumar Jain S/o. Chothamal Jain – Appellant
Versus
Pragati Diamonds, Partner P. Ravikumar – Respondent
ORDER :
P. DHANABAL, J.
This Criminal original petition has been filed by the petitioner to quash the proceedings in C.C. No.1291 of 2021 pending on the file of the learned Metropolitan Magistrate, Fast Track Court No.III, Saidapet, Chennai.
2. According to the petitioner, the respondent filed a cheque complaint against him stating that the complainant and the respondent are doing business in Gold and Diamond jewels. The complainant supplied dianond bangles worth about Rs.2,57,454/- to the petitioner on 28.03.2019 along with invoice and the petitioner herein gave four cheques as security in favour of the complainant. Out of 4 cheques, last 3 cheques were honoured and encashed. The first cheque dated 21.04.2019 issued for a sum of Rs.80,000/- was presented for 3 times and the same was dishonoured. For that cheque alone, the above said case was filed. The cheque in dispute is dated 21.04.2019 for a sum of Rs.80,000/-. Return memo is dated 18.02.2019. Legal notice is dated 25.07.2019 and acknowledgement is dated 29.07.2019. Complaint was dated 31.07.2019. The compliant was filed on 01.08.2019. The complaint must have been filed as per the provisions of the Negotiable Instruments Act only
Complaint under Section 138 of the Negotiable Instruments Act is invalid if filed before the mandatory 15-day period post-notice. The court cannot take cognizance until that period has elapsed.
The cause of action for filing a complaint under Section 138 arises after 15 days from the service of the demand notice, not from the notice itself.
The main legal principle established is that a complaint filed under Section 138 of the Negotiable Instruments Act before the expiry of 15 days from the date of receipt of notice is not maintainable,....
Dishonour of cheque – Complaint is not maintainable before expiry of period of fifteen days from date of receipt of notice by drawer of cheque – Remedy is to file fresh complaint.
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