ORDER

This petition has been filed to quash the proceedings in C.C.No.203 of 2019, on the file of the Judicial Magistrate, Ambattur for the offence punishable under Section 138 of Negotiable Instrument Act as against the petitioner.

2. The respondent lodged a complaint for the offence punishable under Section 138 of Negotiable Instrument Act, alleging that the petitioner approached him for a hand loan to meet out her business needs and borrowed a sum of Rs.5,00,000/- In order to repay the said amount, the petitioner issued a cheque for a sum of Rs.5,00,000/-. It was presented by the respondent for collection and it was returned for the reason 'fund insufficient'. Thereafter, the respondent issued statutory notice and lodged a complaint.

3. The learned counsel for the petitioner would submit that there is no cause of action to take cognizance on the complaint lodged by the respondent for the offence punishable under Section 138 of Negotiable Instrument Act. The statutory notice issued under Section 138 of Negotiable Instrument Act is not in consonance with the said provision. The notice did not whisper about the payment of cheque amount within the stipulated period. It says immediately