Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2019 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (7) TMI 1919 - KARNATAKA HIGH COURTDishonor of Cheque - complaint filed beyond the period of limitation - Section 142 of the N.I. Act - HELD THAT:- As per Section 138 of the N.I. Act, cheque has to be issued by the holder of account for payment of money to another person for discharge of debt or liability, such cheque returned unpaid for the reasons stated therein. As per the proviso, such cheque has to be presented to the bank within a period of six months or within the period of its validity whichever is earlier - As per the proviso (b), the holder in due course of the cheque, as the case may be, must make a demand for payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, within thirty days of receipt of information by him from the bank regarding return of the cheque as unpaid and the drawer of such cheque fails to make the payment of the said amount of money to the payee, or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice. It is thereafter, the complaint has to be filed within 15 days thereafter. As per Section 142 of the N.I. Act complaint has to be filed within 30 days after the cause of action. As per Section 142(b) of the N.I. Act such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to section 138 of the N.I. Act and then said complaint is said to be valid and the Court may take cognizance of the complaint and issue the summons to the accused - When the law itself contemplates 15 days time to pay the amount after service of notice and if the drawer fails to make the payment of the amount to the drawee within 15 days of the receipt of the notice, then under such circumstances the cause of action arises and then within one month a complaint has to be filed. Though under Section 142(b) of the N.I. Act the payee or holder in due course is entitled to file the complaint after the date of cause of action he has to make the application and satisfies the Court that he had sufficient cause for not making the complaint within such period. Admittedly, the notice has been served to the accused on 18.12.2010 and 15 days time expires on 1.1.2011 from that date, within one month complaint ought to have been filed i.e. on or before 31.1.2011, but in the present case, the complaint has been filed on 3.2.2011. Even the application as contemplated under Section 142(b) of the N.I. Act has also not been filed - the cognizance taken by the Court below after prescribed period of limitation is not correct and not justifiable and the Court below has got no jurisdiction to entertain such complaint filed beyond the period of limitation of 30 days i.e. after 31.1.2011. This aspect has not been properly considered and appreciated by the Courts below. Criminal Revision petition is allowed.
|