9911796707
TMI Blog1994 (4) TMI 398X X X X Extracts X X X X X X X X Extracts X X X X ..... Procedure Code, 1973, praying to call for the records in the above case and quash the same. 2. The short facts are : The respondent has filed a complaint against the petitioner for an offence under section 138 of the Negotiable Instruments Act (hereinafter referred to as "the Act") and the allegations in it are briefly as follows : As per the request made by the accused, the complainan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resented the cheque dated June 16, 1992, on November 17, 1992, for collection. But this time also the cheque had been returned dishonoured with the endorsement "not arranged for" and "property not marked" by memo dated November 17, 1992. The complainant issued a notice on December 4, 1992, to the accused calling upon her to repay the amount in cash along with collection charges ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n December 5, 1992. This complaint for an offence under section 138 of the Act was filed in the court on December 16, 1992, i.e., within fifteen days from December 5, 1992, the date on which the accused had received the statutory notice sent by the complainant. 4. I shall presently refer to the relevant provisions in section 138 of the Act. Clause (c) of the proviso to section 138 reads as follow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om the date of the statutory notice. In the instant case, the complaint having been filed by the complainant before the expiry of the said fifteen days, it is apparent that it was filed before the cause of action had arisen. Hence, it is infirm and liable to be quashed. 6. In the result, the petition is allowed and all further proceedings in C.C. No. 15 of 1993 on the file of the Chief Judicial M ..... X X X X Extracts X X X X X X X X Extracts X X X X
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