MOHD MUSLIM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the complainant/ O. P. No.2.

(2.) Learned counsel for the petitioner has placed reliance upon provisions of Section 142 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act) for advancing an argument that the complaint which alleges offence under section 138 of the Act was filed much beyond the permissible period of one month from the date on which the cause of action arose in terms of clause (c) of the proviso to section 138 and hence, learned Magistrate was debarred from taking cognizance of any offence on the basis of such complaint.

(3.) In order to appreciate the aforesaid submission, the relevant facts particularly the dates may be noticed in brief.