GAUTAM SAIKIA Vs. DIGANTA SARMAH

JUDGEMENT

(1.) THE opposite party herein lodged a complaint against the present petitioner, as accused, for his prosecution under Section 138 of the Negotiable Instrument Act, 1881 (in short, 'the Act'), the complainant's case being, in brief, thus : The accused issued one cheque, dated 25. 10. 2005, for Rs. 1,10,000/-, drawn on UCO Bank, Rajgarh Road Branch, Guwahati, in favour of the complainant, the cheque having been drawn in discharge of the lawful debts of the accused. The complainant deposited the cheque, on 26. 10. 2005, in his account maintained with the ICICI Bank Ltd. , Guwahati, for encashment. The said cheque was dishonoured on the ground, inter alia, of insufficiency of fund in the account of the accused and the banker of the complainant returned the cheque to the complainant by a Memo. , dated 26. 10. 2005, which was received by the complainant on 10. 11. 2005. Following the dishonour of the cheque, the complainant sent a notice, dated 22. 11. 2005, by registered post with A/d, addressed to the accused, demanding payment of the amount, covered by the said cheque, within a period of fifteen days from the date of receipt of the said notice. Though the accused had duly received the said notice, he did not make payment and he is, according to the complainant, liable for prosecution under Section 138 of the N. I. Act.

(2.) THE above complaint gave rise to Complaint Case No. 11321c/2006. By his complaint, the complainant also sought for condonation of delay on the ground that he had remained under medical treatment for two months in the State of Assam and, as such, he could not file complaint in time. While making the prayer for condonation of delay, the complainant also submitted that the delay in lodging the complaint was unintentional and for compelling circumstances and, hence, the delay be condoned with effect from 15. 12. 2005 to 17. 02. 2006.

(3.) I have heard Mr. N. Nath, learned counsel for the accused petitioner, and Mr. N. N. Jha, learned counsel, appearing on behalf of the complainant-opposite party.