RAMESHCHANDRA AMBALAL JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner herein has filed aforesaid petition under Section 482 of the Code of Criminal Procedure, 1973 as well as under Articles 14, 19, 20, 226 & 227 of the Constitution of India for quashing of Criminal Case No.2146/2006, order dated 05.09.2006 passed by the Learned Judicial Magistrate, First class, Borsad issuing process thereon and the Judgment and Order dated 05.05.2009 passed by the Learned Additional District & Sessions Judge, Anand in Criminal Revision Application No.95/2008 on the grounds mentioned in the petition.

(2.) It is required to be mentioned that on the basis of the complaint, originally Criminal Case No.2146/2006 was registered and the process was issued, which was challenged by the petitioner before the Sessions Court by way of filing Criminal Revision Application No.95/2008, which also came to be rejected vide order dated 5th May, 2009, which gave rise to filing of the present petition.

(3.) Learned counsel, Mr.Hakim for the petitioner submitted that the complaint is barred by limitation as provided under the provisions of the Negotiable Instrument Act. He emphasized referring to the facts, which are not in dispute that the cheqhe was presented for encashment on 30th June, 2006, which was returned on the same day with an endorsement insufficient fund, which can be seen from the endorsement made on the back side. It is not in dispute that the date of the cheque is 31st December, 2005 and the date of presentation is 30th June, 2006. Learned counsel, Mr.Hakim submitted that since the cheque has been produced on the same day, on which, it was returned, the period of six months would have expired as it has not been presented prior thereto. He, therefore, submitted that said aspect has been considered by the Hon'ble Apex Court in a judgment reported in 2009(0) GLHEL SC 43690 in case of Sivkumar V/s Natrajan. He submitted that while interpreting the provisions of Section 138 of the Negotiable Instrument Act, the Hon'ble Apex Court has made observation and observed referring to Para No.13 as under :- A comparative study of both the Sections in the Act and the General Clauses Act significantly indicate that the period of limitation has to be reckoned from the date on which the cheque or instrument was drawn.