IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.12.2009
CORAM
THE HONOURABLE MR. JUSTICE C.T.SELVAM
Crl.O.P.No.26767 of 2008
K.Rayar ..Petitioner
.Vs..
A.A.Revathi ..Respondent
Criminal Original Petition is filed under section 482 of Criminal Procedure Code to call for the records and quash the criminal proceedings in C.C.No.188 of 2008 on the file of the Judicial Magistrate, Tirukoilur.
For Petitioner : Mr.G.K.Ilanthiraiyan
For Respondent : Mr.V.U.Sathiamurthy.
ORDER
This petition seeks quash of proceedings U/s.138 N.I.Act on the sole ground that the statutory notice informed the date of cheque wrongly as 10.04.2008. On perusal of the notice and comparison thereof with the complaint, it is seen that there is no discrepancy between the two as to the bank on which the cheque was drawn, the cheque number and the amount due. As such mere mention of a wrong date as the date of cheque in the statutory notice had caused no prejudice whatsoever to the petitioner.
4. In Rahul Builders .Vs. Arihand Fertilisers and Chemicals and another, 2007(5) CTC 876, the Supreme Court has held that an omnibus notice which did not specify what was the amount due under the dishonoured cheque would not subserve the requirement of law. The reliance on such decision in the instant case is misplaced. The petition shall stand dismissed.
kkd