DINESH SAHU Vs. R K JAIN

JUDGEMENT

(1.) Heard finally. The instant petition has been filed for quashing the complaint filed against the petitioner by respondent No. 1.

(2.) It is not disputed that one complaint was filed by respondent No. 1 against the petitioner as well as respondent no. 2 on which cognizance was taken against both the persons by the trial Court for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as the Act). This order taking cognizance has been assailed by the petitioner by this petition.

(3.) While highlighting the facts mentioned in para 6 of the complaint, Shri Pandey has submitted that as averred, notice was not served on 20.4.04. It is also not mentioned in the complaint as to on what date cause of action was arose. It is also submitted by Shri Pandey that vide para 5 of the complaint the cheques were dishonoured on 6.3.04 thereafter, notice was given after expiry of fifteen days. He has further submitted that time period is to be counted after the service of the first notice and if it is counted as such, the complaint is time barred.