OM PRAKASH Vs. HINDUSTAN LEAVER LTD.

JUDGEMENT

(1.) APPLICANT has preferred this petition under Sec tion 482, Cr.P.C. against the order dated 5.3.2003 in Criminal Revision No. 421/2002 passed by the learned 1st ASJ Indore confirming the order dated 23.7.2002 in Criminal Case No. 1879/2001 passed by the learned J.M.F.C. Indore, whereby the prayer of the applicant/accused to dismiss the complaint on the ground of limitation was rejected.

(2.) ON 22.12.1994 a private complaint was filed against the applicant by the respondent under Section 138 of the Negotiable Instruments Act on the averment that cheque of Rs. 1,34,795/- given by the applicant has bounced and even after the service of demand notice dated 5.11.1994, which was served on 9.11.1994, the amount was not paid. The learned Magistrate after recording the evidence under Section 200, Cr.P.C. has registered the case and the applicant has appeared on 13.11.1996 before the Trial Court.

(3.) THE learned Counsel for the respondent has submitted that he has not filed the complaint on the basis on earlier notice 25.10.1994 because, he had not received the receipt of service of notice 25.10.1994 till filing of case that it is wrong that notice was served on applicant on 28.10.1994.