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2020 (2) TMI 1243 - HC - Indian LawsDishonor of Cheque - applicability of time limitation in making complaint as per Section 142(b) of Act, 1881 - date of 'cause of action' - dishonoured cheques were returned to complainant on 24.08.2000, notice was issued on 06.09.2000 which was received back unclaimed on 14.09.2000 but complaint was filed on 31.10.2000 - HELD THAT:- Section 138, proviso, Clause (a) of Act, 1881 is apparently satisfied. Cheques were presented to Union Bank within valid period for its collection. Notice required to be issued for demand vide proviso Clause (b) of Section 138 of Act, 1881 within 15 days of receipt of information from Bank regarding return of cheques as unpaid was also given. The date of notice is 06.09.2000. Thus, aforesaid requirement is also satisfied and notice was issued within the period prescribed in Clause (b), proviso to Section 138 of Act, 1881. Now, Clause (c) proviso to Section 138 of Act, 1881 gives 15 days' time from the date of receipt of notice by addressee to make payment - In the present case, notice returned unclaimed and received by complainant on 14.09.2000. If this date is taken to be due service of notice by accused-applicant then 15 days' time would expire on 29.09.2000. In K. Bhaskaran Vs. Sankaran Vaidhyan Balan and Others [1999 (9) TMI 941 - SUPREME COURT], it was held that if a notice is returned by sender as unclaimed, such date would be commencing date in reckoning the period of 15 days contemplated in Clause (c) to proviso of Section 138 of Act, 1881 - In the present case, since payment could have been made upto 29.09.2000 but when it is not made, cause of action arose on 30.09.2000. Since complaint in the present case, was filed within one month i.e. October, 2000, after excluding 30.09.2000, the day when cause of action arose, it cannot be said that complaint is exfacie barred by time provided in Section 142(b) of Act, 1881 - Applications dismissed.
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