SANJAY SAKLANI Vs. SURESH CHANDRA BADHWA

JUDGEMENT

(1.) The present Criminal Revision arises out of proceedings under Sec. 138 of the Negotiable Instruments Act, 1881. The respondent filed Criminal Complaint Case No. 3394 of 2016 alleging dishonour of Cheque No. 024346 dtd. 15/5/2016 for an amount of Rs.24,00,000.00 drawn on ICICI Bank, said to have been issued by the Revisionist towards repayment of money advanced in connection with an agreement to sell certain land.

(2.) The cheque was first presented on 16/5/2016 and returned unpaid due to insufficient funds. A statutory notice dtd. 1/6/2016 was issued to the Revisionist. The cheque was again presented on 8/8/2016 and dishonoured on 9/8/2016. A second statutory notice dtd. 10/8/2016 was issued, followed by the filing of the complaint on 30/8/2016.

(3.) During the pendency of the complaint, the Revisionist approached this Court by filing Writ Petition No. 233 of 2017 raising the issue of limitation. By judgment dtd. 22/2/2017, this Court directed the trial court to consider the complaint in light of the principles laid down by the Hon'ble Supreme Court.