SURESH KUMAR RAD Vs. SURESH JAKHAR

JUDGEMENT

(1.) The present application for leave to appeal has been filed by the complainant. The complainant had instituted a complaint under section 138 of Negotiable Instruments Act (hereinafter called as 'NI Act') to prosecute the accused respondent.

(2.) It is case of the complainant that Cheque No. 243799 dated 11.4.2008 issued by the complainant when presented was returned by the bank due to insufficiency of funds in the account of the accused respondent. As per the complainant, cheque was returned on 23.8.2008 and the notice by the counsel for the complainant was issued on 17.9.2008.

(3.) The trial Judge took into consideration Return Memo Exhibit-P/2 to return a finding that so far month of the return of the cheque is concerned, there is over cutting in the memo Exhibit-P/2. Thus, from on which date, cheque was returned by the bank has not been proved by the complainant beyond any shadow of doubt. It may be noted that the date and month noted on the Return Memo is a point for commencement of limitation for issuance of notice and filing of the complaint. No Bank official has been examined. Only complainant appeared as P.W.1. Cutting of the month in the Return Memo, cannot rule out that same was intentionally done to bring issuance of notice and filing of complaint within the period of limitation.