TMI Blog2009 (5) TMI 1010X X X X Extracts X X X X X X X X Extracts X X X X ..... .No.361/2001 of the JFCM, Malappuram. The prosecution is one under Section 138 of the N.I.Act and it is the case of the complainant that the accused had borrowed a sum of ₹ 75,000/= and towards the discharge of the liability, issued a cheque dated 18.7.1998 when presented for encashment, it was returned with the endorsement of insufficiency of funds on 21.7.1998. A lawyer notice was issued o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Act (Sections 138 (b) (c)), a notice has to be issued regarding the dishonour within 15 days of the receipt of the information from the bank regarding the return of the cheque and the complainant has to wait for 15 days to file a complaint after the receipt of the said notice by the accused so as to enable him to file the complaint. Under Section 142 (b), a complaint has to be preferred within ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10.8.1998, then the complainant can calculate 15 days of waiting and he can afford to wait till 24.9.1998 to file the complaint. But if it is the first date of intimating the accused, which is 1.8.1998 in this case, then necessarily the complaint has to be filed certainly before 18.9.1998. Learned counsel would submit that the Delhi High Court in the decision reported in Shri Ashwani Kumar Julka ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he court held that the initiation is barred by limitation. From the discussion made in that decision, it has to be stated that the date to be reckoned is the last date on which the postman had taken the envelop. A perusal of the said fact in this case would reveal that it was taken on 3.8.1998. When 15 days is calculated from that date including 3.8.1998, 15 days will expire on 17.8.1998 and 30 da ..... X X X X Extracts X X X X X X X X Extracts X X X X
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