B PUSHPALATHA Vs. K MOHAN

JUDGEMENT

(1.) AN important question is raised in this petition viz. , that the complaint is not maintainable on the ground that the cheque was issued on 15-10-92 with the date on the cheque as 22-3-93. The said cheque was presented on 24-4-93. The date has to be computed from the date of issuance of cheque and not the date mentioned in the cheque itself. On that ground, the counsel contended that the cheque was presented beyond 6 months from the date of issuance. Hence, the complaint is liable to be dismissed.

(2.) REPELLING this argument, the learned counsel for the respondent however submitted that the cheque in question was post-dated and the same was presentable before the bank for encashment only on 22-3-1993 or on subsequent date. Therefore, the cheque presented was within time.

(3.) IT is an admitted fact that the respondent has lodged a complaint under Section 200, cr. P. c. before the vii additional c. m. m. , Bangalore, which was registered as c. c. No. 17061 of 1993. In the complaint it is alleged that the petitioner had borrowed a sum of Rs. 45,000/- to run a hotel business. To discharge the said liability the petitioner had issued a post-dated cheque for a sum of Rs. 45,000/- on the same day. The cheque bearing No. 0439898 dated 22-3-1993 drawn on canara bank, mahalaxmipuram layout, Bangalore. The said cheque was presented on 24-4-1993 through his bank viz. , apex bank, Bangalore. The said cheque was however dishonoured as there were no funds. After issuing statutory notice, the complaint came to be filed. The learned magistrate has taken cognizance of the offence and directed to issue process to the petitioner. The said order is questioned in this petition.