RAKESH Vs. MANOJ

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 24. 1. 2002, passed by IASJ, Barwani in Criminal Revision No. 161/2000, setting aside the order dated 15. 4. 2000, passed by the learned Chief Judicial Magistrate, Barwani in Misc. Criminal Case No. 438/98.

(2.) NON-APPLICANT Manoj has filed a complaint under Section 138 of the Negotiable Instruments Act (for short, 'the Act' ). According to the complainant, applicant/ accused had issued cheque for Rs. 1 lac in favour of the complainant on 22. 5. 98. On production of the cheque, the same was dishonoured. The intimation to this effect was given to the accused on 18. 6. 1998, which was received on 27. 6. 1998. Thereafter, the complaint was filed on 30. 6. 1998. Learned Trial Court recorded the statement of the complainant on 28. 7. 1998 and ordered for issuance of notice to the accused.

(3.) APPLICANT appeared before the Trial Court and raised an objection that the complaint was, pre-matured because the same was filed prior to the period of limitation of 15 days.