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2017 (12) TMI 844 - HC - Indian LawsTime limitation - complainant under Section 138 of the Negotiable Instrument Act - it was alleged that the complaint of petition is barred by the Law of Limitation - non-compliance of the mandatory provision of law as contemplated under Section 202 of the Code of Criminal Procedure - Held that: - Section 142-A has been incorporated in the Negotiable Instrument Act, 1881 on 15.06.2015. The aforesaid Section of Negotiable Instrument Act has been given retrospective effect stating inter-alia, as if that sub-Section had been in force at all material times. In the case under reference the petition of complaint filed by the opposite party no. 1 is saved by Section 142-A of the Negotiable Instrument Act. Moreover, learned Additional Chief Judicial Magistrate, Bidhannagar has duly examined the representative of the complainant at the time of issuance of summons. That goes to show that learned Magistrate has duly complied the provision of Section 202 of the Code of Criminal Procedure and being satisfied about the case of the complainant, issued summons against the petitioner and other accused persons. Revision Application dismissed.
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