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2018 (3) TMI 640 - DELHI HIGH COURTService of notice - time limitation - dishonor of cheque - contention of the respondents was that the notice was required to be issued within a period of thirty days whereas the notice had been issued on the 31st day - whether Section 9 of the General Clauses Act, 1897, is applicable to the statutory notice under section 138 of the Act? - whether the day on which the information is received by the complainant from the bank that the cheque has been dishonoured is to be included or excluded while computing the 30-day period prescribed for issuing the statutory notice? Held that: - The Supreme Court in Econ Antri Limited [2013 (9) TMI 246 - SUPREME COURT] has held that the words “from” and “of” used in section 138 convey the same meaning i.e. “after” and accordingly the date on which the cause of action arises has to be excluded while calculating the period of limitation under Section 138 as well as 142 of the Act - Seen from that perspective, the date on which the petitioner received the information of the dishonour of the cheque (i.e. 23.12.2006) is to be excluded for the purposes of computing the period of 30 days available under the Act for issuance of notice. On excluding the date 23.12.2006, from considering, it is seen that the notice issued on 22.01.2007 has been issued on the 30th day, which would bring the said notice within the period prescribed. Petition allowed - decided in favor of petitioner.
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