KRISHNANKUTTY NAIR Vs. ASHOKAN

JUDGEMENT

(1.) What is the time limit for filing a complaint under S.138 of the Negotiable Instruments Act is the short issue considered in this order. The learned Single Judge referred the matter to Division Bench noticing that decisions of this Court in M/s. Poornashree Agencies v. M/s. Universal Enterprises, 1995 (1) KLT 370 : 1995 (1) KLJ 248 and Adril D'Couth v. Premier Auto Electric Ltd., 1999 (2) KLJ 1051 , are contrary to the observations of the Supreme Court in Saketh India Ltd. v. India Securities Ltd., 1999 (2) KLT SN 13 : 1999 (1) KLJ 820 . Before going into the disputed question, first we will refer to the relevant sections. S.138 Of the Negotiable Instruments Act reads as follows:

(2.) Under S.138 of the Negotiable Instruments Act, when any cheque drawn by a person is returned by the bank unpaid for want of funds, such person shall be deemed to have committed an offence, provided conditions mentioned in clauses (a), (b) and (c) are satisfied. Clause (a) specifies that the cheque should be presented within six months from the date on which it is drawn and clause (b) states that the payee should make demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque within fifteen days of the receipt of information by him from the bank regarding dishonour of the cheque and under clause (c) if the drawer of such cheque fails to make the payment of the said amount of money to the payee within fifteen days of the receipt of the said notice, he commits default and cause of action arises and Court can take cognizance thereafter. S.142(b) prescribes that within one month therefrom complaint has to be filed before the Magistrate Court.

(3.) As per S.3(35) of the General Clauses Act, 1897, a month has to be reckoned according to British Calender. S.3(35) reads as follows:--