RAJENDRA SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the order dated 20th September, 1999 passed by Judicial Magistrate, 1st Class, Dhanbad in C.P. Case No. 66 of 1999, whereby and where under, learned court below took cognizance of offence under Section 138 of the Negotiable Instrument Act (for short N.I. Act) against the petitioner. Sri Rahul Kumar, Learned Counsel for the petitioner submitted that the cheque issued on 17th July, 1998 and it was presented in the bank on the same day. It is further submitted that the cheque was dishonored by the bank on 17th July, 1998 itself, thereafter, complainant gave demand notice on 18th July, 1998. Thus, cause of action arose for filing complaint petition after 15 days from 18th July, 1998. It is submitted that according to the provision of Section 142 of the N.I. Act, complaint petition required to be filed within one month from the date of cause of action. Accordingly, it is incumbent upon the complainant to file complaint petition by 25th September, 1998. It is submitted that present complaint petition filed on 18th January, 1999 i.e. much after 30 days from the date on which the cause of action arose. Thus, the impugned order is barred by law of limitation.

(2.) Learned A.P.P. after going through the counter affidavit filed by Opposite Party No. 2 has not disputed aforesaid factual submission.

(3.) Having heard the submission I have gone through the record of the case. Admittedly, the cheque issued on 17th July, 1998 and same presented in the bank on that day itself. It further appears that said cheque dishonored by the bank on the same day. From perusal of Annexure-E, I find that a demand notice sent to the petitioner on 18th July, 1998 through registered post. Under the aforesaid circumstance, as per Section 27 of General Causes Act, it will be presumed that the notice served upon the petitioner on 18th July, 1998 itself.