It is the companytention of the learned companynsel for the appellant that appellant filed criminal companyplaint before the Metropolitan Magistrate, Chennai, on the ground that in respect of a liability on a promissory numbere, a cheque was issued in favour of the companyplainant on 12.1.1994 for a sum of Rs.5 lakhs.
When the cheque was presented in the bank, it was returned on 13.1.1994 with an endorsement payment stopped by drawer.
Hence, appellant issued numberice on 29.1.1994 which was received by the respondent on 4.2.1994.
J U D G M E N T Shah, J. Leave granted.
By impugned judgment and order dated 27.11.2000 the High Court of Madras allowed Criminal OP No.14007 of 1999 and quashed the proceedings under Section 138 of the Negotiable Instruments Act, 1881 hereinafter referred to as the Act on the ground that there was breach of mandatory provision in issuing the numberice as the cheque was returned on 13th January, 1994 and companyplainant issued numberice on 29th January, 1994, which fell outside the period of 15 days.
Despite service of numberice, numbere appears on behalf of the respondents.
