IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.04.2010 CORAM: THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P. No. 32768 of 2007 and M.P. No. 1 of 2007 K.J.Prakash .. Petitioner/ Accused -vs- M/S.Royal Stitches (P) Ltd., Represented by its. Power of Attorney Agent Mr. B. Ramesh No.17, II floor, Mount Road Saidapet, Chennai-600 015. .. Respondent/ Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C. to call for the entire records and quash the private criminal complaint filed by the respondent/complainant against petitioner in C.C. No. 13171 of 2007, pending on the file of VII Metropolitan Magistrate, George Town, Chennai. For Petitioner : Mr. M. Shreedhar For Respondent : Mr. Karthik Mukundan O R D E R This petition seeks to quash the proceedings pending in C.C. No. 13171 of 2007 on the file of VII Metropolitan Magistrate, George Town, Chennai. In such case, the petitioner who is one of the three accused facing prosecution for offence under Section 138 of Negotiable Instruments Act. The first accused is a partnership firm, in which, the second and third accused are the partners. The respondent/complainant had presented the cheque issued by the first accused firm and upon the return thereof dishonoured, had issued statutory notice as contemplated under Section 138 of Negotiable Instruments Act, to the first accused firm and subsequently filed the complaint. https://hcservices.ecourts.gov.in/hcservices/ 2. Heard the learned counsels for the petitioner and the respondent. 3. A perusal of the complaint shows that no statutory notice has been issued to this petitioner, who is the partner of the first accused firm. The petitioner cannot be prosecuted for the offence under Section 138 of Negotiable Instruments Act, when no statutory notice was issued to him. The offence under Section 138 of Negotiable Instruments Act, would be committed only upon failure to effect the payment within 15 days from the receipt of a statutory notice. Thus an opportunity is reserved to a person to effect payment within the stipulated period and avoid prosecution. When such opportunity has been denied, then it would be unfair and unjust to prosecute such person. 4. The petition shall stand allowed and the proceedings in C.C. No. 13171 of 2007 shall stand quashed so far as this petitioner is concerned. Consequently, the connected miscellaneous petition is closed. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. kj To The VII Metropolitan Magistrate George Town, Chennai. 1 cc to Mr.M. Shreedhar, Advocate, Sr. 24492 Crl.O.P. No. 32768 of 2007 and M.P. No. 1 of 2007 GS (CO) kk 29/4 https://hcservices.ecourts.gov.in/hcservices/