PREMLATA CHADDHA Vs. SURENDRA KUMAR SONI

JUDGEMENT

(1.) THIS order will also govern the disposal of Criminal Appeal No. 1964 of 1997. This appeal has been filed by the complainant against judgment dated 17.7.1995 in Criminal Case No. 844 of 1995 passed by Shri Sanjay Shukla, Judicial Magistrate First Class, Jabalpur by which the complaint has been held to be barred by limitation as provided in Section 142(b) of the Negotiable Instruments Act, 1881 (hereinafter to be referred to as the Act).

(2.) THE facts relevant for decision of the point in issue as stated in the complaint are that accused Surendera Kumar Soni issued a cheque dated 1.4.1993 for Rs. 27087/ - in favour of the complainant. It was drawn on the State Bank of India, Kamla Nehru Branch, Jabalpur. It was presented by the complainant for payment but it was dishonoured vide memo dated 6.4.1993 for want of sufficient funds. The complainant sent the notice dated 10.4.1993 to the accused to pay the amount of the cheque. This notice was received by the accused. He requested the complainant to represent the cheque to the bank for payment. It was represented but it was again dishonoured for the same reason on 13.8.1993. The complainant again sent the notice dated 16.8.1993 to the accused calling upon him to pay the amount of the cheque within 15 days of the receipt of the notice. It was duly served upon the accused. He failed to make payment of the amount and, therefore, the complaint under Section 138 of the Act was filed on 19.9.1993.

(3.) THE trial Magistrate held that the complaint is barred by limitation under Section 142(b) of the Act as it was not filed within one month of the date on which the cause of action arose. In the opinion of the learned Magistrate the cause of action arose when the payment was not made by the accused within 15 days of the receipt of the first notice dated 10.4.1993 and there could not be fresh accrual of the cause of action on the second presentation of the cheque, its dishonour and the second notice.