(1.) THE petitioner herein was summoned as an accused in the complaint filed by the respondent under S.138 of the Negotiable Instruments Act (in short "the Act") thus, sought quashing of the proceedings against him on the ground that the complaint was barred by limitation, on the issuance of first notice of demand and the second notice would not give a fresh lease or cause of action to filed the complaint.
(2.) HEARD and gone through the record of the case.
(3.) THE cheque aforesaid on its presentation was dishonoured as the petitioner was having "insufficient fund" in his account. Thus, the respondent sent a legal notice dated 24/06/2007 by post on 03/07/2007 vide postal receipt No. 621, calling upon the accused / petitioner calling him to pay the cheque amount within 15 day from the receipt thereof.