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2017 (8) TMI 1014 - HC - Indian LawsCause of action arose as per Clause 8 of the Proviso to section 138 of Negotiable Instruments Act - period of limiatation - complaint was filed beyond the period of one month from the date on which the cause of action arose - Held that:- In the present case, the issue is not relating to the retrospective application of the amendment. When the complaint was filed, it is true that the complainant can file a petition to condone the delay. Merely because such petition is not filed along with the complaint, it cannot be said that such application can never be filed. The details of the cheque should be given in the notice itself. However, it was also stated that the question as to whether the notice is proper or not, should be decided depending upon the prejudice that is alleged by the accused in the case. In this case, though the notice was given, it refers to the particulars of the cheque to the understanding of the accused, even in the reply notice, no specific prejudice that was actually pleaded by the accused either by stating that he was confused, or by stating that the details of the Cheque are insufficient to enable him to effectively defend the case. In such circumstances, the contention of the Petitioner to quash the proceedings cannot be sustained and thus the Criminal Original Petition fails.
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