FIRM VANECHAND SATISH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY the instant revision petition, the petitioners have challenged the order dated 22. 01. 2005 passed by Judicial Magistrate, sumerpur, district Pali (for short 'the trial Court' hereinafter) in Criminal case No. 24/2004, whereby the trial Court read over the charges to the petitioners for the offence under Section 138 of the Negotiable Instruments act, 1881 (for short 'the Act' hereinafter ). Aggrieved by the order impugned the petitioners have filed the instant revision petition.

(2.) LEARNED Counsel for the parties submit that in the instant case, after dishonour of the cheque, a notice was served on the petitioners by Non-petitioner No. 2 requiring the petitioners to pay the cheque amount within 15 days of the receipt of the notice, however, the petitioners failed to pay the amount within the stipulated period of 15 days. The complainant non-petitioner instead of filing the complaint within the stipulated period of one month, again issued a notice requiring the petitioner to pay the cheque amount and on failure to pay the cheque amount within 15 days of subsequent notice, a complaint was filed. According to learned Counsel, the cause of action arose to the Non-petitioner No. 2. on expiry of 15 days period from the date of first notice served on the petitioners and thereafter the Non-petitioner No. 2 was required to file the complaint within one month which has not been filed. It is always open for the complainant to present the cheque again and again but so far as the cause of action is concerned, once it arises the period starts running for filing the complaint.

(3.) LEARNED Counsel for the parties submit that the controversy involved in the instant case stands concluded by decision of Hon'ble Supreme Court in Prem Chand Vijay Kumar vs. Yashpal Singh and Ann, 2005 SCC (Cri.)1153, wherein the Apex Court held that dishonour of cheque on each presentation gives a fresh right to present it again during the period of its validity, but it does not give rise to afresh cause of action. It was further held that complaint has to be filed within one month from the day immediately following the day on which the period of 15 days from the date of receipt of the first notice by the drawer expires and if the complaint has not been filed within one month following the day on which the period of 15 days from the date of receipt of first notice expires, the complaint is barred by period of limitation.