S. Palaniappan vs V. Packiyam

C.T. Selvam, J.—The Petitioner seeks quash of proceedings in C.C. No.45 of 2014 on the file of the Judicial Magistrate No. 1, Virudhunagar.

We have heard learned Counsel for the Petitioner and learned Counsel for the Respondent.

The Petitioner is the Accused in such case, wherein he is alleged to have committed offence under Section 138 of Negotiable Instruments Act.

The sole ground raised by the learned Counsel for the Petitioner, which is to be immediately rejected is that the Respondent, having once caused statutory Notice, has represented the Cheque and thereafter issued further statutory Notice under Section 138 of Negotiable Instruments Act and then preferred the Complaint.

The learned Counsel for the Respondent relied on the judgment is MSR Leathers v. S. Palaniappan and another, 2013 (1) MWN (Cr.) DCC 19 (SC) : 2012 (6) CTC 101 (SC), wherein the Hon''ble Supreme Court has held that a holder of Cheque can present Cheque any number of times within a period of 6 months or during its validity.

In view of the said judgment, the Cheque may be presented any number of tune within the validity period and mere issue of statutory Notice on the earlier presentation would not be bar to further action of Complaint under Section 138 of Negotiable Instruments Act. Hence, tins Petition is dismissed. Consequently, connected M.Ps. 1 & 3 of 2014 are closed.