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2019 (7) TMI 1006 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - Section 138 of the Negotiable Instruments Act, 1881 - maintainability of complaint on the ground of time limitation - HELD THAT:- It appears from the material on record that the trial Court will have to find out after appreciation of documents on record, whether the complaint filed by the first Respondent was within time or otherwise. Prima facie it appears that notice sent on residential address of the applicant was received by the complainant i.e. by first Respondent on 15th February 2018 and complaint was filed on 14th March 2018. Therefore, at the threshold it cannot be concluded that complaint was not filed within limitation. Therefore, trial Court will have to find out upon appreciation of documents placed on record, whether the applicant had knowledge of accessing email, and as a matter of fact, whether he received the email sent by the applicant on 27th January 2018. Prima facie it appears that signature on the subject cheque is not denied by the present applicant. In the light of the discussion in forgoing paragraphs this Court is of the opinion that no interference is called for in the order of issuance of process. Hence, application stands rejected. Application dismissed.
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