ABDUL KHUTOOS Vs. GANESH AND COY OIL MILLS

JUDGEMENT

(1.) THIS is an application for quashing the complaint under S. 138 of the Negotiable Instruments Act, 1881, against the petitioner by the complainant/respondent herein.

(2.) ACCORDING to the complainant, the petitioner/accused in discharge of the liability, issued two cheques one dated September 29, 1995, for Rs. 25,703 and another dated October 4, 1995, for a sum of Rs. 26,078 in favour of the complainant and the same were dishonoured on presentation on march 13, 1996.

(3.) MR. K. A. Md. Mustafa, counsel for the petitioner, to substantiate the ground for quashing, would elaborately submit by producing the copy of the complaint in which the signature of the complainant was not put and the copy of endorsement made by the magistrate for returning the same and the copy of the sworn statement recorded from the complainant on May 15, 1996, on the representation, that the complaint ought to have been presented within one month from the date of commencement of the cause of action, viz. ,the receipt of notice, whereas, in the instant case, instead of filing the complaint on or before May 6, 1996. the signature of the complainant was obtained only on May 15, 1996, and then the complaint was filed and that, therefore, the proceedings initiated in pursuance of the invalid complaint are liable to be quashed.