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In fine, I conclude with the words of the Hon’ble Supreme Court in Yogendra Pratap Singh Case, ‘no complaint can be maintained against the drawer of the cheque before the expiry of 15 days from the date of receipt of notice because the drawer/accused cannot be said to have committed any offence until then. The complaint under Section 138 of Negotiable Instruments Act filed before the expiry of 15 days of service of notice could not be treated as a complaint in the eye of the law and criminal proceedings initiated on such complaint are liable to be quashed.’ In the result, these Criminal Original Petitions are Allowed. The complaint in S.T.C.No.410/2019 & S.T.C.No.411/2019 on the file of Judicial Magistrate-I, Thirupattur, Vellore District are hereby quashed. Consequently, connected Miscellaneous Petitions are closed. 27.10.2022 Index :Yes/No speaking order/non speaking order bsm To:- The Judicial Magistrate No.I, Tirupattur Vellore District. DR.G.JAYACHANDRAN,J. bsm Pre-delivery common order made in Crl.O.P.Nos.16252 and 16254 of 2019 & Crl.M.P.Nos.8124 to 8126 & 8128 of 2019 27.10.2022
by Sekar Reporter · Published October 30, 2022
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Musings on the Constitution-XXIX Narasimhan Vijayaraghavan Out of 299 members of the Constituent
by Sekar Reporter · Published May 28, 2020