VINAYAK Vs. SUHAS PADMAKAR ASUKAR

JUDGEMENT

(1.) THOUGH the matter is listed for orders on an interlocutory application, by consent the writ petition is heard finally.

(2.) A petition under Section 138 read with 142 of Negotiable Instruments Act ('n. I. Act' for short) was filed by the respondent before the j. M. F. C. Yellapur against the petitioner herein. According to the respondent, the petitioner had issued a cheque for Rs. 54,900/- on 25-10-1998. On presentation, the cheque issued by the petitioner, returned with a shera 'insufficient funds'. Therefore the respondent issued a notice and thereafter filed a complaint on 25-11-1998 in p. C. 51/98. After recording the sworn statement of the complainant, on 17-5-1999 the cognizance was taken by the court. Subsequently, evidence was also recorded. When the case was posted for arguments on merits, the petitioner herein filed an application under Section 190 of cr. P. C. Read with 142 of n. I. Act, requesting the court to discharge him, on the ground that the cognizance taken by the court was barred by limitation. The court below interpreting Section 142 of n. I. Act, held that the respondent was required to file the complaint within one month from the date of cause of action and there is no limitation for taking cognizance by the court and the application of the petitioner came to be rejected on 11th November 2003 as per Annexure-C to the writ petition.

(3.) CHALLENGING the legality and correctness of the order passed by the jmfc, yellapur in c. C. 244/99 on the application filed by the petitioner under Section 190 cr. P. C. Read with 142 of n. I. Act, the present petition is filed.