SRIKRISHNA CREATIONS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the Applicant Mr.Vinod R. Shah who is the Power of Attorney Holder of the original complainant Mr.Umakant R. Joshi, and the learned APP for the State.

(2.) BEING aggrieved by the judgment and order dated 6.12.2006 passed by the learned Metropolitan Magistrate, 31st Court, Vikroli, Mumbai in C.C.No.160/C/2002, this application for leave to file appeal against acquittal has been filed.

(3.) THE main ground for acquittal is that the cheque had been deposited by the complainant on three occasions and three notices came to be sent by the complainant to the respondent-accused i.e. by letters dated 11.8.1995, 11.9.1995 and 15.2.1996. The complaint came to be filed on the basis of the notice dated 15.2.1996. The learned Magistrate held that though the cheque can be presented more than one time during the period of its validity, but under section 142-B of the N.I.Act the complainant has only one opportunity to file a complaint for dishonour of cheque and that too within one month from the date that the cause of action arises. The learned Magistrate held that once the payee gives notice under section 138 of N.I.Act, he forfeits the right to redeposit the dishonoured cheque because in case of failure of the drawer to pay the money within stipulated time the drawer would be liable for the offence and the cause of action for filing the complaint arises.