V K GUPTA Vs. MANJIT KAUR

JUDGEMENT

(1.) THE petitioner has challenged the order dated 28th March 2006 passed by the learned Sessions Judge, patiala allowing the revision petition filed by the respondent herein.

(2.) RESPONDENT Manjit Kaur filed a complaint under Section 138 of the Negotiable instruments Act read with Section 406/420 of the Indian Penal Code, Para 8 of the said complaint reads as under:

(3.) THE said complaint was filed on 28th of August 2003 by taking the starting point of limitation to be 14th of June, 2003. Thus apparently the complaint was time barred and not maintainable. Even otherwise, the averments made in Para 8 showed that even prior to 4th June, 2003 the cheque had been dishonoured and, therefore, the complaint on the basis of dishonouring of the cheque second time was not within limitation.