GIRRAJ PATWA Vs. DAYARAM

JUDGEMENT

(1.) Heard. Petitioner in this petition challenging the order dated 30.7.07 passed by the JMFC, Raghogarh, District Guna, in Criminal Case No.323/07, whereby the learned JMFC allowed the application filed by the respondent under Section 245, Cr.P.C. and dismissed the private complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (for short the "Nl Act"), as barred by limitation.

(2.) Brief facts of the case are that on 23.9.06, the respondent issued a cheque of Rs.30,000/- to the petitioner. On 2.12.06, the petitioner presented the said cheque for encashment, which was dishonoured and the cheque has been returned unpaid to the petitioner alongwith a memo that for want of sufficient fund, the cheque has been dishonoured. The petitioner on 15.12.06 issued notice under Section 138(1) of NI Act to the respondent, which was received by the respondent on 15.12.06. The cause of action for filing the complaint arose on 31.12.06 and petitioner can file a complaint within a period of 30 days from the date of receipt of notice by the respondent. After receipt of notice, the respondent came to the petitioner and stated that he will pay the amount of Rs.30,000/- on or before 15.3.07. In view of the above assurance given by the respondent, the petitioner could not file the complaint in time, i.e., upto 29.1.07 and when the amount was not paid by 15.3.07, the petitioner filed a complaint on 11.4.07. The above stated facts are mentioned in Para 4 and 5 of the complaint. Learned Magistrate took cognizance and issued notice to the respondent.

(3.) The respondent after receipt of the notice filed an application under Section 245 (2), Cr.P.C. on the ground that the cheque was dishonoured on 2.12.06 and thereafter first notice was issued on 15.12.06, which was received by the respondent on 15.12.06 itself, but no complaint was filed within the period, i.e., upto 29.1.07 and thereafter second notice dt. 15.3.07 was issued on 26.3.07 and complaint was filed on 11.4.07. Hence, the complaint was not filed within time from the date of receipt of notice and the complaint filed by the petitioner is barred by time.