FALKAN MEDICO LTD. Vs. PANKAJ ADVERTISING

JUDGEMENT

(1.) THIS petition is for impugning the order dated 4th May, 2007 passed by the Special Judicial Magistrate, Gwalior in Criminal Case No. 101/05, by which the learned Magistrate after hearing both the parties, has rejected the objection taken by the petitioners with regard to the complaint being barred by time and has recorded the plea of the petitioners for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act).

(2.) THE facts of the case, in brief, are that one cheque was issued by the petitioners in favour of the respondent.

(3.) IN view of the observation of the Apex Court as quoted hereinabove, the case deserves to be remitted to the learned Magistrate for deciding the point of limitation afresh after hearing both the parties and thereafter proceed further in accordance with law. Consequently, the petition is partly allowed. The impugned order is set aside. The case is remitted to the learned Magistrate with aforementioned direction. Petition partly allowed.