2002 (7) TMI 816

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....etition to quash the proceedings in C.C.No.220 of 2001 on the file of the Judicial Magistrate No.1, Chengalpattu against the petitioner for an offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the Act). 2. This court, normally would not be inclined to quash the proceedings of an offence under Section 138 of the Act, unless the mandate of Sections 138 and 14....

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....alled upon him to pay the amount within 15 days and thereafter he has filed the present complaint. 4. The learned counsel for the petitioner would argue that though notice had been issued to the petitioner, it has not been averred in the complaint about the fact of non-payment of the amount within 15 days, as contemplated under the Act to the complainant. 5. In other words, according to the ....

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....mplainant has stated that he had issued notice to the accused, has not whispered anything about the non-payment of the amount by the petitioner(accused). Consequently, I see that one of the essential ingredients contemplated under Section 138 of the Act is missing. 7. With regard to the above submission, the learned counsel for the petitioner also drew my attention by placing reliance on the de....