RAJUBHAI SHIVABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner herein has challenged an order dated 30th August 1999 passed below Ex.21 by the JMFC, Prantij in Criminal Case No.1450 of 1993. The petitioner has also challenged the order dated 31st January 2000 passed by the learned Additional Sessions Judge in Criminal Revision Application No.69 of 1999.

(2.) The petitioner is the original accused against whom a criminal complaint came to be filed by respondent No.2 herein for dishonour of cheque alleging commission of offence under section 138 of the Negotiable Instruments Act. The petitioner had issued a cheque of Rs.35,000/- to respondent No.2 on 18.5.93. It appears that the cheque was presented by respondent No.2 for realization. However, the same bounced. He, therefore, issued a notice under section 138 of the Negotiable Instruments Act on 22nd June 1993 and another notice on 3rd July 1993. It is the case of respondent No.2 that, however, on account of the representation of the petitioner, he did not carry any further process. However, since the petitioner did not fulfill his last commitment to pay the amount by 5.11.93, a fresh notice was issued on 29.11.93 which was received by the petitioner on 3rd December 1993 and the complaint was thereafter lodged on 23.12.93.

(3.) The petitioner applied to the learned Magistrate for dismissing the complaint contending that the complaint was not filed within the time permitted under the law. His application, however, came to be rejected by the impugned order passed by the learned Magistrate and his revision application was also rejected by the Sessions Court.