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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. JAYACHANDRAN
N.P. Murugan Rep by its Partner, N.P.Murugan, S/o.Perumal – Appellant
Versus
Arul Exports and Imports, Rep. by its Proprietor, Mr.A.Arulrajan, S/o. Arputham – Respondent
ORDER :
G. JAYACHANDRAN, J.
The petition is filed to quash the criminal complaint initiated under Section 138 of the Negotiable Instrument Act, subject matter of STC No.92 of 2024.
2. The short point canvassed before this Court to quash the complaint is that the statutory notice issued for informing return of cheque for insufficient funds carries an inherent defect which is not curable and render the complaint void.
3. The learned counsel appearing for the petitioner submits that the statutory notice issued by the complainant informing return of 10 cheques is only for a sum of Rs.14,43,500/-, whereas the statutory notice claims Rs.19,15,266/- within seven days from the date of receipt of the legal notice and this amount does not whisper whether it is the principal amount of the cheque and other or inclusive of any incidental expenses or charges. Therefore, the defective notice which cannot be cured renders the complaint not sustainable. In support of his Submission, the learned counsel appearing for the petitioner would rely upon the following judgments;
1. Sumen Sethi vs. Ajay K. Churiwal and Another , reported in (2000) 2 SCC 380
2. Rahul Builders v. Arihant Fertilizers &Chemicals a
A statutory notice under Section 138 must specify the cheque amount correctly; ambiguity renders the complaint invalid.
The legal notice must demand only the cheque amount for the maintainability of a complaint under Section 138 of the NI Act, as per the interpretation of Proviso (b) to Section 138 of the NI Act.
A legal notice under Section 138 must clearly state the cheque amount due; a vague demand fails to meet legal requirements, rendering the complaint invalid.
The legal notice under section 138 of the N.I. Act serves the purpose of intimating the drawer about the liability to remit the amount, and a literal interpretation of the law should be avoided to pr....
A notice under Section 138 must clearly demand the cheque amount; ambiguity can invalidate proceedings, but if the demand is sufficiently clear, the notice is valid.
A notice under Section 138 of the N.I. Act is valid if it primarily demands the cheque amount, even if it includes additional claims for costs or fees.
A legal notice under Section 138 of the NI Act must specify the amount due; failure to do so invalidates the notice and any subsequent complaint.
The demand notice under section 138 of NI Act should specifically ask for the payment of the cheque amount within the stipulated period.
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