OM JHANWAR Vs. PRABHAKAR

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure preferred by petitioner complainant for quashment of the proceedings of private Criminal Case No. 964 of 2005 filed by respondent against the petitioner under Section 138 of Negotiable Instruments Act (hereinafter shall be referred to as the 'Act' for brevity) on the ground that complaint has been filed after the period of limitation prescribed under the provisions of Section 142(2) of the Act.

(2.) SHORT facts of the case necessary for deciding this petition are that petitioner obtained loan of Rs. one lac for a period of one month and an account payee cheque bearing No. 97562 dated 26.4.2003 was issued in favour of respondent for repayment of the aforesaid loan amount. The cheque was presented in the Bank for payment which was dishonoured and returned by the Bank to the respondent on 23.10.2003 with an endorsement that sufficient funds are not available in the account of petitioner. On 2.11.2003, respondent sent a demand notice to the petitioner which was received by him on 24.11.2003 acknowledging the same as Annexure P.5. Despite service of notice loan amount was not paid by the petitioner within prescribed period of 15 days. Then a private complaint under Section 138 of the Act was filed on 12.1.2004 before the learned Trial Magistrate.

(3.) 1 have heard the Counsel for parties and perused the certified copy of the private complaint filed by respondent against the petitioner.