Suman Damodar Burkul vs Ramesh Santaram Kongaonkar And ...
2007 Latest Caselaw 334 Bom

JUDGMENT

J.H. Bhatia, J.

1. Heard Mr. Shailesh Kantharia, the learned Counsel for the applicant.

2. By this application the applicant seeks relief to prefer appeal against the order of acquittal in the complaint filed by him under Section 138 of the Negotiable Instruments Act.

3. According to the applicant, who is original complainant, the accused respondent had issued a cheque of Rs. 85,000/- on 15.1.1993 towards repayment of hand loan taken by him. The cheque was deposited on 27.6.1993 and was dishonoured on 28.6.1993. On 10.7.1993 the complainant issued a notice to the accused respondent by registered post as well as under certificate of posting. He filed a complaint on 8.9.1993. The learned Magistrate held that if the notice dated 10.7.1993 was sent on 13.7.1993, it would not take more than 3 days for service. The accused was to make the payment within 15 days thereafter and under Section 142(b) of the Negotiable Instruments Act no Court shall take cognizance of the offence punishable under Section 138 except when the complaint is made within one month of the date on which cause of action arises under Clause (c) of the proviso to Section 138. The cause of action arises on expiry of 15 days from the date of service and the complaint should have been made within one month thereafter. The Trial Court found that the complaint was barred by the period of limitation as it was filed, on 8.9.1993.

4. After perusal of the record, Mr. Kantharia the learned Counsel for the applicant could not point out any fault in the approach of the Trial Court.

Therefore, leave refused. Application stands rejected.