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2022 (5) TMI 408 - PUNJAB AND HARYANA HIGH COURTDishonor of Cheque - Funds Insufficient/Dormant Account - seeking exclusion of period from 15.03.2020 till 14.03.2021 in computing the period under proviso (b) and (c) of Section 138 of the Act of 1881 and any other law, on account of COVID-19 pandemic - Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 - HELD THAT:- The present petitioner apparently only wants to delay the final adjudication of the proceedings under Section 138 of the Act of 1881, as neither the petitioner has raised any ground to the effect that the cheque in question was not issued by the petitioner nor is the petitioner ready to honour the cheque even now and even in case, the sole argument raised by the learned counsel for the petitioner is accepted then also, at best, the present proceedings would be set aside and the complainant would be given the liberty to file a fresh complaint and it is not that the petitioner would be absolved of his liability under Section 138 of the Act of 1881. Moreover, the present petition has been filed after a delay of 1 year and 3 months from the date of the summoning order after non-bailable warrants were issued against the petitioner. This Court is of the view that the argument raised by the learned counsel for the petitioner to the effect that the complaint as instituted on 21.10.2020 was premature, is meritless and deserves to be rejected. Thus, the point as to whether the orders of the Hon’ble Supreme Court passed in IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION [2022 (1) TMI 385 - SC ORDER] are for the benefit of the complainant or for the benefit of the accused person is answered in favour of the complainant and against the petitioner/accused person. This Court is of the opinion that in case, this Court was to entertain the present petition, it would be doing injustice to the complainant, who has been vigilant of its rights and had instituted the complaint under Section 138 with respect to the dishonour of the cheque, in accordance with the provisions of the Act of 1881 - A perusal of the complaint would show that the ingredients of Section 138 of the Act of 1881 are, prima facie, made out. No argument has been raised challenging the said aspect. Petition dismissed.
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