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2022 (4) TMI 419 - HC - Indian LawsCriminal leave to appeal - Dishonor of Cheque - acquittal of the accused - conviction of respondent for the offences as charged by allowing the complaint of the complainant - HELD THAT:- This Court observes that in the present case, as is reflected from the impugned order dated 13.03.2019, the accused-respondent had issued a cheque, bearing cheque no. 179300, in favour of the complainant-appellant, which was dishonored and returned with the remark "Account Closed". And that, the notice was sent to the accused-respondent by the complainant-appellant, which he refused to accept. Thereafter, the complainant-appellant filed a complaint on the 13th day i.e. 25.04.2012, after serving the notice from the date of refusal of acceptance of said notice, by the accused-respondent, which was presented prematurely instead of after the completion of prescribed statutory period of 15 days, which would be after 27.04.2012. This Court, therefore, finds that the complainant-appellant registered the complaint before the statutory period of 15 days, as prescribed under Section 138 (c) of the Act of 1881. The present criminal leave to appeal is dismissed.
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