K K KAPUR Vs. SATINDRA PRAKASH ANAND

JUDGEMENT

(1.) This petition has been filed against the order dated 2/12/1991 passed by Shri O.P. Gupta, Metropolitan Magistrate,Delhi. By this order the learned M.M. dismissed the complaint filed by thepetitioner.

(2.) Briefly stated the facts of the case are that the respondent No. 1had issued a cheque dated 24/07/1991 for Rs. 7,000.00 and the aforesaidcheque when presented on two occasions was dishonoured. Despite noticedated 30/09/1991 the amount of the cheque was not paid by therespondent to the petitioner. Accordingly, the petitioner filed a complaintunder Section 138 of Negotiable Instrument Act against the respondent. Thelearned M.M. dismissed the complaint on the ground that the cheque at thefirst instance was dishonoured vide memo dated 12.8.91 and the limitationwill start from the dishonouring of the cheque at the first instance. Sincethe notice was not issued within limitation from the dishonouring the chequeat the first instance, the complaint was liable to be dismissed. Aggrieved bythe aforesaid order, the petitioner has filed the present revision petition.

(3.) Ms. Nisha Baghchi, learned Counsel appearing on behalf of thepetitioner submitted that the impugned order passed by the learned M.M.was contrary to the decision of this Court in the case of Madan Mohan v.K.M. Menon, Crl. M(M) 1282/92. The learned Counsel also submitted thata learned Single Judge of Madras High Court in the case of A. Gopalakrishnan v. Neptune Inflatables Pvt. Ltd., in Crl. M.P. No. 18672/90, decidedon 8.1.91, held that the only two limitations vide Chapter 17 of the Actimposed are that the cheque must be presented within six months from thedate on which it was drawn or within the period of its validity whichever isearlier and no other limitation can be imported. The learned Counselfurther submitted that the aforesaid decision of Madras High Court wasupheld by the Supreme Court in Special Leave Petition (Crl.) 1474/91 titled as A. Gopalakrishnana v. Neptune Inflatables Pvt. Ltd., decided on 4/10/1991.