PRAKASH PARAKH Vs. MAHESH KUMAR JAIN

JUDGEMENT

(1.) By this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code') the petitioner has challenged the illegality and propriety of the order dated 28-1-2012 passed by 2nd Additional Sessions Judge, Jagdalpur in Criminal Revision No. 3/2011 affirming the order dated 21-7-2009 passed by Judicial Magistrate First Class, Keshkal in Criminal Case No. 649/2009 filed against the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act'), whereby Trial Court has issued the process against the petitioner. Mr. Ramesh Kumar Sharma, Counsel for the petitioner heard. Both the orders impugned, copy of complaint perused.

(2.) Learned Counsel for the petitioner submits that as per Paras 10, 11 and 12 of the complaint, first notice under Section 138(c) of the Code has been issued on 1-5-2009 then second notice has been issued on 30-5-2009 and compliant has been filed within limitation from the receiving of second notice on 10-6-2009.

(3.) Learned Counsel for the petitioner further submits that the present case first notice has been received unserved with endorsement that noticee is not present, therefore, complaint filed within limitation from second notice was time barred and the respondent ought to have filed complaint within limitation of first notice.