TMI Blog2002 (7) TMI 816X X X X Extracts X X X X X X X X Extracts X X X X ..... ial Magistrate No.1, Chengalpattu against the petitioner for an offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the Act). 2. This court, normally would not be inclined to quash the proceedings of an offence under Section 138 of the Act, unless the mandate of Sections 138 and 142 of the Act has not been strictly followed. However, this is one of those case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... present complaint. 4. The learned counsel for the petitioner would argue that though notice had been issued to the petitioner, it has not been averred in the complaint about the fact of non-payment of the amount within 15 days, as contemplated under the Act to the complainant. 5. In other words, according to the counsel, one of the ingredients of 138 of the Act is to the effect that after t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d anything about the non-payment of the amount by the petitioner(accused). Consequently, I see that one of the essential ingredients contemplated under Section 138 of the Act is missing. 7. With regard to the above submission, the learned counsel for the petitioner also drew my attention by placing reliance on the decision reported in M/s.Kody Elcot Ltd. Madras, by its Director Vs. Down Town Ho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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