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2009 (12) TMI 503 - HIGH COURT OF MADRASProceedings pending for offences under section 138, read with section 142, of the Negotiable Instruments Act, 1881 on the file of the Judicial Magistrate No. I, Pondicherry Held that:- In the ultimate analysis it was found that the suit filed in the wrong name would be a case of mis-description and not a suit by a non-existing person. According to counsel for the petitioner, the notice period of 15 days should be calculated from such date and the complaint ought to have been filed within one month of the expiry of the notice period. If so calculated the complaint ought to have been filed on or before 5-6-2008. Hence, the complaint, which in this case has been filed on 12-6-2008, is not maintainable. According to counsel for the petitioner, the notice period of 15 days should be calculated from such date and the complaint ought to have been filed within one month of the expiry of the notice period. If so calculated the complaint ought to have been filed on or before 5-6-2008. Hence, the complaint, which in this case has been filed on 12-6-2008, is not maintainable. Appeal dismissed.
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