JOSAY KONDODY Vs. CHACKO THOMAS

JUDGEMENT

(1.) This revision is preferred by the complainant in S.T. 254/91 on the file of the Chief Judicial Magistrate's Court, Kottayam challenging the order dated 12-4-1994 dismissing the complaint filed by him as barred by limitation.

(2.) The revision petitioner filed the complaint against the respondent alleging offence punishable under Section 138 of the Negotiable Instruments Act. The respondent after entering appearance before the lower Court contended that the complaint filed by the revision petitioner is barred by time. The lower Court considered that contention as a preliminary point and after finding that the complaint filed by the revision petitioner was barred by limitation, dropped the case from the file as per the impugned order.

(3.) After the cheque issued by the respondent was bounced, the revision petitioner sent a registered notice intimating about the dishonour of the cheque and calling upon him to pay the amount due under the cheque and it was served upon the respondent on 12-1-91. The lower Court found that the limitation starts from 13-1-91 and ends on 27-1-91, from that date the revision petitioner has got one month's time to file the complaint. Therefore, starting from 28-1-91 one month ends on 27-2-91. The complaint was filed on 28-2-91, a day after the period of one month and therefore, the complaint is barred by limitation.