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2020 (1) TMI 388 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - Section 138 of the Negotiable Instruments Act - time limitation - HELD THAT:- The documents on record, which show that the cheque was presented in the Bank, which was dishonoured and then the stipulated time, as required under law on 22.12.2014 with the endorsement “Insufficient funds” thereafter, notice was issued to the respondent within two days through Bank, which is Ex.CW1/D, in the learned Court below, on the address of the respondent, which is the same address and now in the present petition, endorsement on the same was unclaimed and before that intimation was left by the addressee by the postal authority. In these circumstances, the presumption is that it was received by the respondent and the same was returned to the addressee by the Post Office on 24.12.2014 and it could have been taken three days to reach back to the sender. In the instant case, the presumption has to be taken that it is received by the addressee, when it was on the known address, which is the same address in the present petition and after thirty days, the time comes 24th January, 2015 i.e. the presumption period and fifteen days thereafter, 8th January, 2015, i.e. the time to make the payment and thereafter, the complaint was required to be filed within one month by 5th March, 2015, but the complaint was filed in the month of February, 2015, which is within limitation. It is clear that the complaint was filed within time and the learned Court at Rampur Bushehar, has got territorial jurisdiction to adjudicate the case. Notice was duly served upon the respondent, as it was the same address, of which, the present petition is filed. In these circumstances, jurisdiction of Section 482 of the Code of Criminal Procedure, is not required to be exercised and complaint cannot be quashed. The present petition sans merits, deserves dismissal and is accordingly dismissed.
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