Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2022 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (4) TMI 756 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - default in payment of the cheque amount - case is filed after completing of 30 days - applicability of section 138 of Limitation Act - HELD THAT:- In case of M/S. SAKETH INDIA LIMITED AND OTHERS VERSUS M/S. INDIA SECURITIES LIMITED [1999 (3) TMI 591 - SUPREME COURT], the Apex Court has observed that where a period is fixed within which a criminal prosecution or a civil action may be commenced, the day on which the offence is committed or the cause of action arises is excluded in the computation. So, also, where a statute provides that something may only be done within a certain period from the passing of the Act, the day on which the Act was passed is excluded. There are no infirmity in the findings arrived at by both the Courts below. Since the petitioner herein has failed to make out his case before the Courts below, this Court has no hesitation to say that in the revision, appreciation of the factual issues are not permissible. The instant revision petition stands dismissed.
|