SATISH KUMAR GOENKA Vs. S R K MOHAN

JUDGEMENT

(1.) - The petitioner in both the criminal revisions being common and the question of law involved is similar, with the consent of the learned counsel for the parties, they are heard together disposed of by this common judgment.

(2.) The petitioner assails the orders of the learned Sub-divisional Judicial Magistrate, Sadar, Cuttack dated 3-9-1996 dismissing his applications under Section 5 of the Limitation Act filed alongwith the complaints under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 (hereinafter referred to as N.J. Act).

(3.) The petitioner filed two complaint petitions under Section 138 the N.J. Act in the Court of the S.D.J.M. (5), Cuttack the cheques issued by the opp. party No.1 having been dishonoured and in spite of notice, no payment having been made as against the dishonoured cheques. Jt is not disputed that the complaint petitions were filed beyond one month after the expiry of a period of 15 days of notice under Section 138 of the N.J. Act. He filed applications under Section 5 of the Limitation Act supported by a certificate from the doctor of his illness. The learned S.D.J.M., after hearing the applications under Section 5, has dismissed such petitions and consequently the complaint petitions. The present criminal revisions are filed against the orders passed by the learned Magistrate dated 3-9-1996 in two separate complaints.