R JUSTIN DEVA ARUL DHAS Vs. A DARWIN

JUDGEMENT

(1.) This Criminal Original Petition is to quash the proceedings in S.T.C.No. 99 of 2015, on the file of the District Munsif-cum-Judicial Magistrate, Eraniel, Kanyakumari District.

(2.) Heard the learned counsel for the Petitioner and perused the materials placed before this Court.

(3.) The case of the Petitioner is that the respondent has preferred a complaint. According to the Petitioner, the complainant has stated in his complaint as if the Petitioner had borrowed a sum of Rs.4 lakhs from the respondent on 7.8.2015 and that a post-dated cheque, dated 7.8.2015 was handed-over by the Petitioner to the complainant for the said amount of Rs.4 lakhs. The further case of the Petitioner is that the complainant issued a notice stating that when the cheque was presented for collection as directed by the Petitioner, it was returned with an endorsement as "no funds available". It was admitted by the respondent that the information was given to him on 8.9.2015 and the respondent also issued a registered legal notice to the Petitioner on 23.09.2015. The Petitioner states that the cause of action arose on the date of issue of notice. Hence the learned counsel for the Petitioner further submitted that the case which was filed on 21.12.2015 is beyond the period of limitation. He refers to Section 142 of Negotiable Instruments Act, which reads as follows: