DEVENDRA KUMAR SURANA Vs. LALIT PORWAL

JUDGEMENT

(1.) This revision has been brought by the applicant before this Court against the order dated 19-9-2001 passed by the learned Third Chief Judicial Magistrate, Indore in Cr. Case No. 1295/2000.

(2.) The facts in nut shell are that the Non-applicant Lalit Porwal had filed a Criminal Complaint under S. 138 of the Negotiable Instruments Act (hereinafter referred to as the 'Act) after dishonour of the cheque issued in his favour by the applicant. The cheque was dishonoured and intimation of the same was given by the Bank to the Non-Applicant Lalit Porwal on 30-3-2000. He sent a notice as per provision under S. 138, Proviso (b) of the Act on 15-4-2000. The applicant, after appearing before the Court below, submitted an application on 25-1-2001 that the notice was sent after completion of 15 days i.e. 15-4-2000. Therefore, it was barred by limitation and the provision relating to this purpose is mandatory and, hence, the complaint is not maintainable and is liable to be dismissed.

(3.) The complainant-non-applicant submitted before the trial Court that on 14-4-2000 there was public holiday on account of Ambedkar Jayanti which prevented him to send a notice on the said date. Therefore, he sent the notice on 15-4-2000. Hence, there was no delay in sending the notice.