THOMAS Vs. BENNY THOMAS

JUDGEMENT

(1.) The revision pe-titioner is the complainant in Crl. M.I'. No. 901/2009 on the file of the Judicial First Class Magistrate-I, Ettumanoor. The revi-sion petitioner filed the above complaint before the Trial Court on 17 .3.2009 against the first respondent herein alleging offence under S.138 of the Negotiable Instruments Act. The learned Magistrate after perusing the allegations in the complaint arrived a conclusion that the cause of action for filing the complaint arose on 15.2.2009 and the complaint should have been filed on or be-fore 15.3.2009. Since the complaint was filed on 17.3.2009 it is beyond the statutory pe-riod. Consequently the complaint was dis-missed under Section 203 of the Code of Criminal Procedure.

(2.) Assailing the legality, correctness and propriety of the above order, this Revision Petition was preferred.

(3.) The Learned counsel for the revision petitioner as well as the Public Prosecutor was heard. The crux of the case is that, in discharge of liability amounting to Rs. Two Lakhs owed by the first respondent to the revision petitioner a cheque dated 19.1.2009 drawn on Kanakkary Service Co-operative Bank was issued. When the cheque was presented for collection it was dishonoured for insufficient funds. Demanding discharge of the liability a lawyer notice was caused on 29.1.2009. The first respondent acknowl-edged the same on 31.1.2009. There is no discharge.