No need to wait after sending notice to file cheque bounce

case: HC Madurai, Sep 17 (PTI) The Madras High Court bench here hasruled that there is no need for a complainant in a chequebounce case to wait for the 15-day statutory period aftersending a legal notice to initiate prosecution, if theborrower denies any liability at the outset. Justice S Vimala gave the ruling yesterday whiledismissing a petition, seeking quashing of a cheque bouncecase, pending in a lower court, on the ground that thecomplainant had moved court before the statutory period of 15days ended. The judge said the Negotiable Instruments Act provided the"breather" period to enable borrowers discharge theirliabilities if they had issued cheques without funds in theiraccounts and rectify the mistake. But, if the drawer denied the liability, claiming that hehad not taken any loan, then the drawee could lodge acomplaint immediately, the judge ruled. The petitioner had borrowed Rs six lakh from thecomplainant for his sister’s wedding in April 2012, promisingto repay it within six months, but failed to do so and hischeque dated September 22, 2012 bounced. Following this, the lender had sent a legal notice andfiled a cheque bounce case before a judicial magistrate’scourt on October 11, 2012 as the petitioner had sent a reply,denying that he had borrowed the amount. The petitioner had contended that the case should bequashed as it was filed before the statutory period of 15days, from the day the notice was received, had ended. PTI SSNVSRCMAV