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2022 (3) TMI 685 - HC - Indian LawsDishonor of cheque - Fund insufficient - transmission of legal notice, cheque return and statutory provision under section 138(c) and 142(b) of Negotiable Instruments Act which was required to be filed on 11.09.2017 - time limitation - HELD THAT:- It is an admitted fact that it is not in dispute that the cheque was returned on 29.07.2017, notice for payment by way of legal notice was issued on 09.08.2017. The petitioner has received the notice on 12.08.2017 and the complaint was filed on 20.09.2017. It has been discussed in the order taking cognizance. For correct appreciation of the limitation, here the Court is required to look into section 138 of the Negotiable Instruments Act alongwith the proviso and sub section (b) of section 142 of Negotiable Instruments Act. On perusal of sub-section(b) of section 142 of the Negotiable Instruments Act, it is crystal clear that the complaint is required to be made within one month of the date on which the cause of action arose - The proviso (c) of section 138 of Negotiable Instruments Act speaks that for the drawer of such cheque fails to make the payment of the said amount of money to the payee or as the case may be, to the holder in due course of the cheque within fifteen days of the receipt of the said notice, complaint is required to be filed. Thus, in view of the above date, which has been discussed here, it is crystal clear that 15 days’ time completed on 26.09.2017 and the complaint was filed on 20.09.2017. Thus, it was within the time. The contention of the learned counsel for the petitioner with regard to limitation of 8 days is not substantial and, accordingly, there is no illegality in the cognizance order. Petition dismissed.
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