BABAR HUSSAIN Vs. ARJUN SINGH NETAM

JUDGEMENT

(1.) The present Cr.M.P. has been preferred assailing the order dated 28.09.2016 passed by the Chief Judicial Magistrate, Bastar in Criminal Case No. 1915/2011 whereby the complaint preferred by the petitioner under Sec. 138 of the Negotiable Instrument Act (for short 'the N.I. Act') got dismissed on account of it being filed beyond the period of limitation.

(2.) The relevant fact for adjudication of the present case is that the Respondent accused in the present Petition had issued a cheque in favour of the present Petitioner for an amount of Rs. 5,00,000.00 vide cheque No. 324398 dated 11.01.2011 drawn on the "Union Bank of India".

(3.) The Petitioner presented the said cheque for realization in his bank on 03.03.2011. The present Petitioner received intimation on 04.03.2011 that the cheque by the Respondent accused has got dishonored on account of insufficient fund on 03.03.2011. On the very next day legal notice was issued to the Respondent accused and since there was no response from the Respondent accused to the said notice the cheque was presented for realization again in the bank on 28.05.2011 wherein again the cheque got dishonoured on account of insufficient fund. Thereafter, again notice was issued on 01.06.2011 and since there was no positive response from the Respondent accused a complaint under Sec. 138 of the N.I. Act was filed before the Court on 30.06.2011. The Court below initially registered the case as Criminal Case No. 1915/2011 and finally vide its order dated 28.09.2016 rejected the case on the ground that the complaint has been filed beyond the prescribed period of limitation.