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2020 (7) TMI 261 - HC - Indian LawsDishonor of Cheque - section 138 of NI Act - case of petitioner is that the cognizance as taken by the impugned order dated 21.12.2018 is beyond the period of limitation, as prescribed by Section 142(b) of the NI Act - HELD THAT:- The limitation in terms of Section 142 of the NI Act for instituting the complaint had expired on 10.12.2018. The complaint has been filed on 21.12.2018 without seeking leave of the court for extension of time for instituting the complaint as provided below Section 142(1)(b) which provides that such complaint has to be filed within one month of the date on which the cause of action arises under clause (c) of the proviso to Section 138 of the NI Act. In the case in hand, the cause arose on 11.11.2018 when 15 days from the date of receiving the notice demanding payment of the cheque amount had expired. Thus, the cause of action in terms of Section 142(1)(b) of the NI Act arose on 11.11.2018 on expiry of 15 days in making payment in terms of the notice of demand. As this Court, having considered the materials, has observed that there is no material of Section 420 IPC, at least from the complaint no such material is coming to the fore, and as such, the cognizance under Section 420 IPC was wholly unwarranted. As a result, that part of the order is set aside in exercise of the inherent power as provided under Section 482 CrPC. - Since it has been quite categorically observed that no attempt or application was submitted for satisfying the court how the complainant was prevented from not approaching the court in time, the complaint was wholly time barred. The order dated 21.12.2018 taking cognizance is set aside but considering the mistake in understanding the law, this Court would remand the complaint to the court of the Chief Judicial Magistrate, Khowai by providing the petitioner an opportunity to file an application explaining the reasons for not approaching the court in time so that there can be due consideration under proviso to Section 142(1)(b) of the NI Act, Such application shall be filed within 15 (fifteen) days from today - Revision petition allowed.
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