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2022 (3) TMI 1049 - HC - Indian LawsDishonor of Cheque - insufficient funds - discharge of legally enforceable debt or not - time limit for issuance of demand notice - whether the complaint petition was filed within the prescribed period or it was not a complaint in the legal sense as it was filed prior to the date on which cause of action arose? - HELD THAT:- Keeping in view the ratio laid down in the case of SUBODH S. SALASKAR VERSUS. JAYPRAKASH M. SHAH & ANR [2008 (8) TMI 795 - SUPREME COURT], when a demand notice was sent through the Advocate of the petitioner on 18.01.2013 and neither the acknowledgment nor the envelope containing demand notice returned back, then the due service date would be thirty days from the date of issuance of legal notice which falls on 17.02.2013 and as per the clause-(c) of 138 of the N.I. Act, the opposite party was required to make payment in terms of the said notice within fifteen days thereafter i.e. on 04.03.2013. Since the complaint petition was filed on 16.02.2013 and cognizance of offence was taken on such complaint, in view of the ratio laid down in the case of YOGENDRA PRATAP SINGH VERSUS SAVITRI PANDEY & ANR. [2014 (9) TMI 1129 - SUPREME COURT], such a complaint is no complaint in the eyes of law and no cognizance of offence can be taken up on the basis of such complaint. There are no perversity or illegality in the same - there are no reasons to grant leave to the petitioner to prefer an appeal against the order of acquittal passed by the learned Appellate Court as per impugned judgment - petition dismissed.
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