GULABRAM Vs. HIMMAT

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C., 1973 has been preferred against the order dated 21.02.2017 passed by learned Judicial Magistrate, Bali, District Pali in Criminal Original Case No.356/2014, whereby the learned court below rejected the application filed by the petitioner on 06.12.2016 and also for quashing the proceeding of the criminal case itself.

(2.) A complaint was filed under section 138 of the Negotiable Instruments Act against the petitioner in respect of dishonour of the cheque of Rs. 3,00,000/-. The cognizance was taken on 24.06.2014 and the statement of the complainant was consequently recorded.

(3.) Learned counsel for the petitioner submits that from a bare perusal of the cheque return memo, it is clear that the cheque was in respect of an amount of Rs. 653/-, whereas the cheque is alleged to have the amount of Rs. 3,00,000/-. Learned counsel for the petitioner also stated that the bills return memo was not carrying the date, and thus, computation of the limitation in accordance with the Negotiable Instruments Act will be impossible. Learned counsel for the petitioner further stated that notice registered A.D. acknowledgement, which had an endorsement of refusal to accept the notice, had an overwriting in the date, and thus, overall, the matter is faced with impossibility, as far as compliance of the provisions of the Negotiable Instruments Act, particularly pertaining to the limitation, is concerned.