MEDIWORLD INFOTECH Vs. C E I CONSULTANCY

JUDGEMENT

(1.) The Criminal Appeal is preferred by the complainant against the judgment of the II Metropolitan Magistrate, Hyderabad dated 17-9-2002 in C.C.No.313/1999. The appellant filed a private complaint under Section 200, Cr.P.C. for the offence punishable under Sec.138 of the Negotiable Instruments Act (for short the "Act") against respondents 1 and

(2.) The learned Magistrate after recording the evidence and after hearing both parties held that the complaint is barred by limitation and hence the accused are acquitted for the offence under Sec.138 of the Act. Being aggrieved by the judgment of the lower Court the appellant preferred the present appeal challenging its validity and legality. 2. The learned counsel for the complainant submitted that the cause of action to file the complaint arose on 12-11 -1999, limitation for filing complaint starts on 13-11-1999 and the limitation to file the complaint is on 12-12-1999. Since 12-12-1999 happens to be a Sunday, a public holiday, the complaint was filed on 13-12-1999, which is within the period of limitation. Therefore the lower Court is erred in holding that the complaint is barred by limitation. The learned counsel for the respondents submitted that the complaint ought to have filed on 12-12-1999 itself or on the prior working day. As the complaint is not deligent in watching the period of limitation, the lower Court was right in holding that the complaint is barred by limitation. The learned counsel in support of the said contention relied upon Section 142 of the Act, which reads as follows:

(3.) In computing one month period of limitation a practical approach has to be made whether it is practicable to file the complaint on a public holiday and whether it is possible for a party before expiry of one month period to watch every day as to whether the last day of limitation is a public holiday and whether he has to file the complaint in advance before the expiry of period of limitation. It is an undisputed fact that in the present case the last day of limitation happens to be a holiday. In view of Section 4 of the Limitation Act and the last day happens to be a public holiday, the day on which limitation expires, it is an established principle that whenever the last day of limitation happens to* be a holiday the complaint has to be presented on the next working day, which shall be treated as the presentation of the complaint within time. Though the special enactment does not mention the exclusion of public holiday, it has to be inferred from the existing practice that whenever the last of day of limitation happens to be a public holiday that has to be excluded and it shall be declared that the filing of complaint on the next working day is within the period of limitation and it is not barred by limitation.