BALDEV SINGH Vs. MAHESH KUMAR

JUDGEMENT

(1.) This petition has been filed under Section 401 of the Code of Criminal Procedure ("Cr.P.C." for short) challenging the order dated 8.2.2002 passed by the Additional Sessions Judge, Rupnagar, whereby complaint filed by the petitioner under Section 138 of the Negotiable Instruments Act, 1881 (for short- "the Act") was dismissed.

(2.) Brief facts of the case, as noticed by the Appellate Court in para No. 2 of its judgment, are reproduced herein below:

(3.) Learned Counsel for the petitioner has submitted that the petitioner had presented the cheque again for encashment on the assurance given by the respondent and hence, the complaint could not be said to be barred by limitation. In support of his arguments, learned Counsel has placed reliance on Dalmia Cement (Bharat) Ltd. v. Galaxy Traders and Agencies Ltd. and Ors., 2001 AIR(SC) 676, wherein it was held as under: