POORNASREE AGENCIES PETITIONER Vs. UNIVERSAL ENTERPRISES

JUDGEMENT

(1.) Petitioner is the accused in S. T. No. 2077 of 1993 of the Additional Chief Judicial Magistrate Court, Ernakulam. In the complaint Wed by the first respondent commission of an offence under Section 138 of the Negotiable Instruments Act had been alleged against him who is the Proprietor of M/s. Poornasree Agencies. Towards the debt that was allegedly due a cheque dated 7-2-1993 for Rs. 5,011.50 was issued by the petitioner to the respondent on 7-2-1993. It was presented for collection through State Bank of India, Perumanoor branch on 14-5-1993 and on 2-6-1993 he had information from the bank that the cheque had been dishonoured for want of sufficient funds. Thereupon the first respondent sent a demand notice dated 7-6-1993 which the petitioner received on 9-6-1993, but failed to make the payment. Thereupon Annexure-A complaint was filed on 26-7-1993 for offence under Section 138 of the Negotiable Instruments Act. Pursuant to the summons petitioner appeared and he filed M. P. 9020 of 1993, copy of which is Annex. B raising a preliminary objection as to the maintainability of the complaint. The Court below however by the impugned order dismissed the petition by Annexure C order. It is submitted that the order is untenable, that the complaint barred by limitation, that the proceedings in the case are unsustainable and have to be quashed.

(2.) Heard counsel for the petitioner and the respondents.

(3.) Under Section 142(b) of the Negotiable Instruments Act a complaint under Section 142(1)(a) has to be made within one month of the date on which the cause of action arises under Clause (c) of proviso to Section 138, to apply which, under Clause (a) of the proviso the cheque "has been presented to the bank within a period of six months from the date on which it is drawn within the period of its validity whichever is earlier," and under Clause (b) :