AIRSONIC TRAVELS PVT LTD Vs. PREM MOTIRAM JHANGIANI

JUDGEMENT

(1.) Heard the learned Counsel for the applicant, who is the original complainant and the accused/Respondent in person. Perused the record.

(2.) According to the complainant, several cheques were issued by the accused in discharge of debts/liabilities. Those cheques were presented for encashment, but were dishonoured on different dates from 5.1.1994 to 14.1.1994. On 15.1.1994, notice in respect of all those cheques was issued to the accused demanding the payment of those cheques. The notice was served on the accused on the same day. He did not make payment within the stipulated period of 15 days after service. Three complaints in respect of those cheques were filed on 1.3.1994. The trial Court convicted the accused. However, in appeal, the Sessions Court acquitted. The Sessions Court held that the complaints were barred by limitation as they were not filed within one month from the expiry of 15 days available for payment to the accused. Hence, the complainant has filed three appeals with these applications seeking leave to prefer appeals.

(3.) Proviso to Section 138 provides that the payee or the holder in due course of the cheque has to make a demand for payment of the amount of the cheque by giving a notice in writing to the drawer of the cheque within 30 days of receipt of information by him from the bank regarding return of the cheque as unpaid. In this case, the cheques were dishonoured on three different dates from 5.1.1994 to 14.1.1994 and on 15.1.1994, notice was issued. Therefore proviso (b) was complied. Proviso (c) provides that the cause of action will arise if the drawer of such cheque fails to make payment of the said amount of money to the payee, or as the case may be, to the holder in due course within 15 days of receipt of said notice. Section 142(a) provides that no Courts shall take cognizance of offence under Section 138 except upon a complaint in writing made by the payee or holder in due course and unless such complaint is made within one month of the date on which the cause of action arose under Clause (c) to proviso to Section 138. As per Clause (c) to Section 138, the drawer of the cheque has to make payment within 15 days from the receipt of the notice. The notice was received by the accused on 15.1.1994. Therefore, he had time to make payment within 15 days. So he could have made payment up to 30.1.94. As he failed to make payment till the end of 30.1.1994, the cause of action arose on 31.1.1994. The complaint has to be made within one month from the date when the cause of action arises.