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2022 (1) TMI 356 - HC - Indian LawsDishonor of Cheque - time limitation - applicant has advanced argument that opposite party no.2 filed the case beyond reasonable limitation - no reasonable cause for delay was provided - Sections 138 and 142 of the N.I. Act - HELD THAT:- The cause of action arose on 28.11.2005, therefore, the opposite party no.2 had sent legal notice on 13.12.2005 to the applicant. The time of one month notice expired on 11.01.2006 as per Sections 142 (1) (b) of the N.I. Act. If fifteen days’ further added, the same will expire on 26.01.2006. The opposite party no.2 filed the case under the N.I. Act on 21.03.2006, which is much beyond the time schedule prescribed under Sections 138 (c) and 142 (1) (b) of the N.I. Act. Reliance placed in the case of Sil Import, USA Vs. Exim Aides Silk Exporters, Bangalore [1999 (5) TMI 580 - SUPREME COURT] is also important to mention. The Court has pronounced the judgment, wherein, it is provided that after legal notice of one month, fifteen days’ period for committing the offence will start and thereafter after expiry of fifteen days, the offence is completed and within one month, if, no complaint is filed the Magistrate is barred to take cognizance of the complaint, which is filed beyond limitation period. The entire complaint filed by opposite party no.2 does not indicate any reason as to why delay took place in filing the complaint. The averment regarding the delay and time-barred complaint is made in para 11 and 12 of the instant application and the opposite party no.2 has not denied the contents of para 11 and 12 while giving reply in para 10 of the counter affidavit the opposite party no.2 has said that case is argumentative and suitable reply will be given at the time of argument. The opposite party no.2 has rather admitted the contents of para 11 and 12 because vague reply has been given. Application allowed.
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