PRAVEEN KUMAR PANDEY Vs. SUDEEP KUMAR VERMA

JUDGEMENT

(1.) The instant petition is directed against the impugned order dated 10/04/2013 (Annexure A/1) passed by learned Additional Sessions Judge affirming the order dated 03/08/2012 (Annexure A/3) by which learned trial Magistrate has dismissed petitioner's complaint as barred by limitation.

(2.) Mr. Alok Kumar Gupta, learned counsel for the petitioner, would submit that the cheque issued by respondent No. 1 in favour of the petitioner stood dishonored for want of sufficient fund in the account of respondent No. 1 on 12/01/2012 and petitioner received the said information on 18/02/2012 after which he informed about the same to respondent No. 1 through e-mail on 22/02/2012. The period of 15 days from 22/02/2012 expired on 07/03/2012 and after excluding that day, one month's time was available to the petitioner to file a complaint which he filed on the 30th day i.e. 07/04/2012 under Section 138 of the Negotiable Instruments Act, 1881, but the said complaint filed by the petitioner has been wrongly dismissed by learned trial Magistrate holding it to be barred by limitation by one day which is absolutely impermissible and bad in law. To buttress his submission, he would rely upon the decision rendered by the Supreme Court in the matter of M/s Saketh India Limited and Ors. v. M/s India Securities Limited , 1999 AIR(SC) 1090: (1999) 3 SCC 1 .

(3.) None for respondent No. 1 though served.