SUMESH SAHANI Vs. MADHAV SINGH DANGI

JUDGEMENT

(1.) This petition under section 482 of the Cr. P.C., 1973 has been preferred on behalf of the applicant against the impugned order dated 4.12.2008 passed by First Additional Sessions Judge, Tikamgarh, in Criminal Revision No. 215/2008, arising out of order dated 25.7.2007 passed by J.M.F.C., Niwair, District Tikamgarh, in Criminal case No. 352/2007, whereby cognizance of the offence under section 138 read with section 142 of the Negotiable Instruments Act has been taken by the Court below against the applicant and the offence has been registered.

(2.) The short question involved in this petition is whether the complaint filed by the respondent is time barred. The learned Revisional Court deeming service of notice on the applicant on 11.6.2007 and thereafter not making payment within 15 days which was completed on 26.6.2007 and thereafter within one month, i.e. on 25.7.2007, complaint was filed, therefore, it cannot be said that the complaint is time barred and accordingly revision has been dismissed.

(3.) On behalf of the applicant, it is submitted that as per the averments made in the complaint, the notice was given on 1.6.2007 and on 11.6.2007 and the notice given on 1.6.2007 was returned on the ground that addressee was not found at the home and the family member refused to receive it. In view of the aforesaid endorsement dated 8.6.2007 counting for 15 days for payment and thereafter one month for filing of the complaint be commenced from 9.6.2007 and consequently the complaint shall be deemed to be time barred and once notice has been given, counting of period of limitation will be made according to 1st notice, hence it is submitted that the complaint and further proceedings be quashed.