ASSOCIATED ELECTRICAL INDUSTRIES Vs. M B SURYA PRAKASH

JUDGEMENT

(1.) Unsuccessful complainant is the appellant. Complaint filed under Section 200 Cr.P.C, against the respondent, alleging commission of an offence punishable under Section 138 of Negotiable Instruments Act, having been dismissed by the learned Trial Judge, this appeal was filed.

(2.) Learned advocate for the appellant contended that the learned Trial Judge has committed error and illegality in dismissing the complaint. He submitted that the case of the complainant has not been correctly appreciated and the finding recorded being contrary to the evidence on record, the impugned judgment is liable to be set-aside and the respondent punished for the offence under Section 138 of the Act.

(3.) Learned advocate for the respondent, on the other hand submitted that the complaint itself is not maintainable, on account of the same having not been instituted within the period prescribed under law. Learned counsel submitted that there being delay of 12 days in presenting the complaint, the learned Magistrate has committed illegality in taking cognizance of the alleged offence and issuing the summons.