Once account was closed, no question of re-opening account to facilitate payment in same account – Respondent having failed to issue statutory notice within stipulated period after first return, again presented cheque to save limitation – Case barred by limitation and could not be maintained Complaint quashed – Petition allowed.
[D. V. Vanitha v S.L. Vezhavendhan] (G. CHANDRASEKHARAN, J.)
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[07/06, 07:50] Girija Vel: – Second presentation of cheque
- – Code of Criminal Procedure, 1973, Section 482 Negotiable Instruments Act, Section 138 – Petition to quash private complaint on file of Judicial Magistrate for alleged offence under Section 138 of Act – Whether second presentation of cheque, when cheque was earlier returned for reason account closed” was legally permissible – Held, cheque was returned for reason that “account closed” when it was presented for first time – Suppressing this return, cheque was presented again and it was again returned for sanme reason “account closed'”-Second presentation was made only to bring case within period of limitation- No logic or reason for representing cheque again, when cheque was returned for reason “account closed” – Once account was closed, no question of re-opening account to facilitate payment in same account – Respondent having failed to issue statutory notice within stipulated period after first return, again presented cheque to save limitation – Case barred by limitation and could not be maintained Complaint quashed – Petition allowed.
[D. V. Vanitha v S.L. Vezhavendhan] (G. CHANDRASEKHARAN, J.)
(2022) 2 MLJ (Cr) 286