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Issues involved: Application for special leave to appeal against the order of acquittal passed by the learned Judicial Magistrate, First Class, Court No. 3 at Nashik u/s 138 of the Negotiable Instruments Act, 1881.
Summary: Issue 1: Presentation of Cheque within Validity Period The complaint was filed due to the dishonour of a cheque dated 25.4.2005, drawn over the Punjab National Bank. The Trial Court noted that the cheque should have been presented within six months from the date it was drawn, i.e., by 25.10.2005. As the cheque was presented after this period, the complaint was dismissed mainly on this ground. Issue 2: Interpretation of Validity Period The applicant contended that the validity period of six months for a cheque should be counted from the next day after the date of the cheque. Citing legal provisions and decisions, the applicant argued that the day of the cause of action should be excluded for counting the period. However, the respondent supported the Trial Court's view and relied on other legal precedents to affirm that the validity period must be counted from the date the cheque bears. Conclusion: The Court refused leave to appeal, upholding the Trial Court's decision that the cheque was presented beyond its validity period, leading to the dismissal of the complaint. The legal interpretations provided by both parties were considered, and it was concluded that the Trial Court's decision did not require reconsideration.
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