RAJESH 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 28-7-98 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-mature because the same was filed prior to the period of limitation of 15 days.