ARVINDPAL SINGH GAMBHIR Vs. PUNJAB KASHMIR FINANCE LTD

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') seeking quashing of Complaint No.1257/2/10 dated 17.07.2010 titled "M/s Punjab Kashmir Finance Limited Vs. Shri Arvindpal Singh Gambir under Section 138 of the Negotiable Instruments Act, 1881 and all the subsequent proceedings arising therefrom including the summoning order dated 17.07.2010.

(2.) Learned counsel for the petitioner has submitted that the bank memo qua three cheques was dated 06.05.2010 whereas, qua three cheques, it was 07.05.2010 and qua the remaining two cheques, it was 08.05.2010. Registered notice was issued qua the said cheques on 07.06.2010. Learned counsel has further submitted that the complaint so far as it relates to cheques dated 06.05.2010 and 07.05.2010, was time barred. Learned counsel has further submitted that the petitioner was resident of Ludhiana whereas, the Court at Jalandhar had passed the summoning order without resorting the provisions of Section 202 Cr.P.C. In support of his arguments, learned counsel has placed reliance on National Bank of Oman vs. Barakara Abdul Aziz and another, 2013 2 SCC(Cri) 731 wherein it has been held as under:-

(3.) Learned counsel for the respondent, on the other hand, has opposed the petition and has submitted that the complaint in question had been filed within the period of limitation qua all the eight cheques.