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2022 (9) TMI 212 - HC - Indian LawsDishonor of Cheque - calculation of period of limitation for filing complaint - Last date being public holiday - section 138 of NI Act - HELD THAT:- The complaint can be filed within one month of the cause of action. In this case, the notice was received on 12.02.1997 and the payment was to be made within 15 days i.e. by 28.02.1997. As the date for receipt of notice was 12.02.1997, is to be excluded - And cause of action arose on 01.09.1997 (12.02.1997 and 28.02.1997 to be excluded). The month of February 1997 had 28 days. So from 01.09.1997, once month (30 days) shall be within 30.03.1997. Admittedly, 28.03.1997 was a holiday being Good Friday and the case was filed on 29.03.1997 i.e. within the statutory period as laid down under Section 138 of the N.I. Act and considering the materials and evidence on record convicted the accused/respondent accordingly. Admittedly, the accused received notice on 12.02.1997. The period of 15 days for making the payment of the amount of dishonoured cheque has to be calculated from 13.02.1997 and ends on 28.02.1997 and cause of action arose on 01.03.1997 (February 1997 has 28 days) and thus the compliant had time till 30.03.1997. The complaint has been filed on 29.03.1997. Learned Magistrate rightly held that 28.03.1997 was a holiday on the ground of “Good Friday” and as such the law provides that the next day has to be taken as the date for computation. Accordingly, it is seen that the complaint filed before the Court was within the statutory period as provided under Section 142(b) of the N.I. Act. In view of the aforesaid findings, the judgment/order of the learned Sessions Judge, 10th Bench, City Sessions Court, passed on 30.01.2002 is erroneous and is accordingly set aside - Appeal allowed.
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