M.S. TIWARI Vs. GREEN WAVES PRIVATE LIMITED

JUDGEMENT

(1.) HEARD Mr. D. K. Mohanty, learned Counsel for the petitioner and Mr. S. P. Mishra, learned Senior Counsel for the Opposite Party.

(2.) THE petitioner in this application under S. 482, Cr.P.C has sought to challenge the order dated 20.12.2000 passed by the learned J.M.F.C., Bhubaneswar in I.C.C. No. 1850 of 2003 taking cognizance against the petitioner for the offence under S. 138, N.I. Act.

(3.) SRI S.P. Mishra, learned Senior Counsel appearing for the Opposite Party, inter alia, placed reliance on S. 142 (b) of the N.I. Act which stipulates that if the complaint is filed within one month of the date on which the cause of action arises under Clause (c) of the proviso to S. 138, N.I. Act. He asserts that the period of 30 days is to be counted from 11.9.2003 and, therefore, 30 days would lapse on 11.10.2003.