ABED ALI Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) Heard Mr. D.C.K. Hazarika, learned counsel appearing for the petitioner. Also heard Mr. B.J. Dutta, learned counsel for the State respondent No. 1 and Mr. M. Choudhury, learned counsel for the private respondent. As these criminal petitions involve same question of law and represented by the same set of counsel, for the sake of convenience and as agreed to by the learned counsel appearing for both the parties, I propose to dispose of these petitions by this common order.

(2.) The petitioner in Criminal Petition No. 654/2014, who is the accused person in Complaint Case No. 3735c/2013 and the petitioner in Criminal Petition No. 660/2014, who is the accused in Complaint Case No. 3736c/2013 pending before the learned Judicial Magistrate 1st Class, Kamrup, Guwahati invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure (for short Cr.P.C.) has prayed for quashing the said proceedings on the ground that the complaints, filed under Section 138 of the Negotiable Instrument Act, 1881 (hereinafter called as the NI Act) are hit by limitations, as provided by Sections 138(c) and 142(b) of the NI Act. It is the contention of the petitioner that the said complaint cases have been filed after expiry of one day of the statutory period of limitation and as such the said cases, being barred by law of limitation are not maintainable in the eye of law.

(3.) In the complaint case No. 3735c/2013, the complainant received the information, regarding dishonour of the concerned cheque, from the bank on 17.08.2013. He issued the statutory notice by registered A/D post on 16.09.2013 and the notice was received by the petitioner on 21.09.2013. The complaint was filed on 05.11.2013.