IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 3809 OF 2023 (@ SLP (CRIMINAL) NO. 2352 OF 2022)
NAYEEM HANNAN APPELLANT
VERSUS
M.G. MOHAMED JAVID RESPONDENT
O R D E R
1. Leave granted.
2. Notice was issued in the present appeal filed by the appellant who is
aggrieved by the order dated 29th September, 2021, passed by the High Court of
Judicature at Madras allowing the petition1 filed by the respondent under Section
482 of the Code of Criminal Procedure2, 1973, for quashing of the complaint case3
filed by the appellant herein and pending before the Metropolitan Magistrate4, Fast
Track Court IV, George Town, Chennai.
3. By the impugned order, the learned Single Judge has quashed the complaint
proceedings pending before the Magistrate by arriving at a conclusion that the legal
notice addressed by the appellant to the respondent under proviso (b) to Section
138 of the Negotiable Instruments Act5, 1881, ought to have been issued within a
1 Crl. O.P. No. 30627/2015 2 For short the ‘Cr.P.C.’ 3 CC No. 485/2015 4 For short the “Magistrate’ 5 For short the ‘NI Act’
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period of 30 days from the date of the receipt of information from its Banker
regarding return of the cheque as unpaid and in the instant case, the complaint
came to be filed by the appellant beyond the said time line.
4. The case of the appellant is that he and the respondent had entered into a ...