ARUNA BAI Vs. SURENDRA BABU

JUDGEMENT

(1.) This revision petition is filed under S. 397 read with S. 401, Cr. P.C. by the complainant in P.C.R. No. 7/92 on the file of the learned Munsiff and JMFC, Nelamangala Taluk, Bangalore District, challenging the order dated 7-11-1992 by which the learned Magistrate dismissed the complaint.

(2.) The facts leading to the dismissal of the complaint by the learned Magistrate are as under : The revision petitioner had lent an amount of Rs. 22,000.00 on 20-10-1991 to the respondent and the respondent had issued a cheque bearing No. 0877901 dated 30-11-1991 for Rs. 17,000.00 towards the same. The revision petitioner presented it for encashment on 11-4-1992 and it came to be dishonoured on the same day with endorsement "funds insufficient". The revision petitioner issued a notice of demand on 23-4-1992 and the same came to be served on the respondent on 25-4-1992. As no payment was made within the statutory period of 15 days from the date of service of notice, revision petitioner filed a com plaint alleging an offence under S. 138 of the Nego tiable Instruments Act against the respondent on 3 -6-1992.

(3.) The learned Magistrate recorded the statement of the petitioner-complainant and found that the complaint was filed beyond the period of limitation and refused to issue process and dismissed the complaint. Aggrieved by this order revision petitioner has approached this Court challenging the order of dismissal of the complaint.