RASHID Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) PRESENT revision has been filed with regard to the cheque issued by revisionist in favour of the complainant - opposite party No. 2 was dishonored on 15.5.2002, then complainant issued notice dated 30.5.2002 to the revisionist regarding dishonor of said cheque. Limitation for issuance of said notice under Section 138 (A) of N.I. Act is 15 days and revisionist moved application under Section 245 (2), Cr.P.C. before the Magistrate Court that issuance of notice is time barred as 15th day of limitation had ended on 29.5.2002. After hearing the parties, learned Magistrate had held that the said notice is not time barred because after disclosure of cheque on 15.5.2002, last date of limitation of issuance of notice under Section 138, N.I. Act was 30.5.2002, accordingly application under Section 245 (2), Cr.P.C. of revisionist was rejected by the court below through its order dated 16.7.2003. Aggrieved by this impugned order, accused revisionist had preferred present revision. List has been revised. No one is present on behalf of the revisionist.

(2.) HEARD learned A.G.A. and perused the record.

(3.) IN Saketh India Ltd. v. India Securities Ltd., : (1999) 3 SCC 1 : 1999 (1) ACR 707 (SC), the Supreme Court has held as under: