TMI Blog1999 (3) TMI 591X X X X Extracts X X X X X X X X Extracts X X X X ..... days, in the present case, expired on 14th October, 1995. So cause of action for filing complaint would arise from 15th October, 1995. That day(15th October) is to be excluded for counting the period of one month. Complaint is filed on 15th November, 1995. The result would be that the complaint filed on 15th November is within time. - CRL.A. 288 OF 1999 - - - Dated:- 10-3-1999 - K. T. Thomas And M. B. Shah,JJ. JUDGMENT Shah, J, Leave granted. The short question involved in these appeals is whether the complaint filed by the respondent under Section 138 of the Negotiatiable Instruments Act is within or beyond time as it is contended that it is not filed within one month from the date on which the cause of action arose under cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this Act, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to twice the amount of the cheque, or with both: Provided that nothing contained in this section shall apply unless:- (a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its vali ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll take cognizance of any offence punishable under Section 138 on a written complaint made by the payee or the holder in due course, if such complaint is filed within one month of the date on which the cause of action arises. A month is to be reckoned according to the British Calendar as defined in the General Clauses Act, 1897. The question would be whether for calculating the period of one month which is prescribed under Section 142 (b), the period has to be reckoned by excluding the date on which the cause of action arose? Similar contention was considered by this Court in the case of Haru Das Gupta vs. State of West Bengal (1972) 1 SCC 639 wherein it was held that the rule is well established that where a particular time is given from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ER 11 at 13 where the expression "fifteen days from the commencement of the policy" in a cover note issued by an insurance company was construed as excluding the first date and the cover note to commence at midnight of that day, and also in Marren v. Dawson Bentley Co. Ltd., (1961) 2 QB 135 a case for compensatioin for injuries received in the course of employment, where for purposes of computing the period of limitation the date of the accident, being the date of the cause of action, was excluded. (See also Stewart v. Chadman (1951) 2 KB 792 and In re North, Ex parte Wasluck (1895) 2 QB 264.) Thus, as a general rule the effect of defining a period from such a day until such a day within which an act is to be done is to exclude the first ..... X X X X Extracts X X X X X X X X Extracts X X X X
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