JAIRAM SHARMA SON OF LATE DEVI SINGH AND VIJAY KUMAR SON OF SRI JAIRAM SHARMA Vs. STATE OF BIHAR AND BABLU KUMAR SINGH @ BABLU KUMAR SON OF SRI KAUSLENDRA PD.SINGH

JUDGEMENT

(1.) THE petitioners in this case are aggrieved by order, dated 3.1.2008 passed by the Judicial Magistrate, Patna by which cognizance for the offence under Section 138 of the Negotiable Instruments Act, 1881 has been taken.

(2.) Shorn of all the details the only question to be decided in this case is whether the accused - petitioners should be heard if the complaint is filed beyond the time prescribed for filing the complaint under Section 142(b) of the Negotiable Instruments Act ( 'the Act; hereinafter). Section 142 of the Act reads as follows: Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974). - (a) no court shall take cognizance of any offence punishable under Section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque; (b) such complaint is made within one month of the date on which the cause of action arises under Clause (c) of the proviso to Section 138. Provided that the cognizance of a complaint may be taken by the Court after the prescribed period, if the complainant satisfied the Court that he had sufficient cause for not making a complaint within such period.

(3.) THIS proviso was inserted by Act 25 of 2002 with effect from 6.2.2003.