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2022 (6) TMI 37 - HC - Indian LawsDishonor of Cheque - acquittal of the accused - sufficient cause for making the complaint within such prescribed period or not - clause (b) of sub-section (1) of Section 142 of the NI Act - HELD THAT:- It is clear that if a complaint is filed beyond the statutory period, as prescribed under Section 138 of the NI Act, then, the complainant must satisfy the court that he had sufficient cause for not making the complaint within such prescribed period, i.e. within one month of the date the cause of action arises under the proviso (c) of Section 138 of the NI Act. In the instant case, the cause of action arose to make the complaint to the court when the drawer of the cheque i.e. the respondent no. 1 failed to make the payment of the amount mentioned in the cheque to the complainant within 15 (fifteen) days of the receipt of the demand notice served upon the respondent no.1 by the complainant. The cause of action of making the complaint to the court arose after expiry of 15 (fifteen) days and the complaint ought to have filed within next 30 (thirty) days as embodied under clause (b) of sub-section (1) of Section 142 of the NI Act, but, the complainant made the complaint to the court after 10 days of the expiry of such one month. In the instant case, learned trial Court acquitted the accused person, namely, Joy Deb on the ground that the complainant did not comply with the essential requirements of the provision as contemplated under Section 142(b) of the NI Act since the complaint was filed by the complainant after expiry of statutory period of limitation (thirty days) in terms of proviso appended to Section 138 of the NI Act - in the instant case, the Court took the cognizance wrongly, and further proceeding with the trial caused serious prejudice to both the complainant and the accused from rendering equitable justice to them. In this situation, in the opinion of this Court, it would be appropriate to remit the matter to the learned trial Court. The matter is remitted to the court of the learned Chief Judicial Magistrate, Agartala, West Tripura to proceed afresh keeping in mind the legal positions - Appeal allowed by way of remand.
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