SATISH KUMAR Vs. MOHAN SINGH GIDDA

JUDGEMENT

(1.) THIS is a petition under section 482 of the Code of Criminal Procedure for quashing of complaint titled Mohan Singh v. Satish Kumar, Annexure P.1, pending in the court of Shri R.K. Mehta, Judicial Magistrate First Class, Chandigarh as well as summoning order dated 11.5.2005, Annexure P.2 and all subsequent proceedings arising therefrom.

(2.) THE only ground on which the petitioner seeks quashing of complaint is that the complaint filed by the petitioner under section 138 of the Negotiable Instruments Act is time barred and no cognizance of the said complaint could be taken by the learned Magistrate.

(3.) LEARNED counsel for the petitioner contends that once cause of action has accrued to the complainant at the time of dishonour of the cheque, it was not open to the complainant to present the cheque for the second time to bring the matter in limitation. In support of this contention learned counsel for the petitioner has placed reliance on the judgment of Hon'ble Supreme Court in the case of Krishan Exports v. Raju Das, 2006(2) RCR (Criminal) 672 : 2006(2) Apex Crl. 225 (SC) wherein Hon'ble Supreme Court has been pleased to lay down as under :-