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TMI Blog2010 (1) TMI 1103X X X X Extracts X X X X X X X X Extracts X X X X ..... ice within the period prescribed under Section 138 of the Act, is entitled to send a fresh notice in respect of the same cheque and, thereafter, proceed to file a complaint under Section 138 of the Act. 4. In S.L.P.(Crl.) No.6676 of 2008 arising out of Criminal Case No.399 of 2006 pending before the Additional Chief Judicial Magistrate, Khairagarh, the Respondent had filed a complaint under Section 138 of the Act, for dishonour of a cheque dated 16th March, 2006, bearing No.0864961 for Rs.40,000/- drawn on the Bank of Maharashtra, Khairagarh Branch, in favour of the Respondent. S.L.P. (Crl.) No.6593 of 2008 is directed against the judgment of the High Court dated 27th March, 2008, in Crl. Revision No.130 of 2006 arising out of Criminal Cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .130 and 131 of 2006 in the Court of the Additional Sessions Judge, Khairagarh, District Rajanandgaon, on 21st November, 2006. On 19th March, 2007, the learned Additional District Judge, Khairagarh, dismissed both the Revision Applications holding that the grounds raised therein could be decided after evidence was led by the parties. 6. On 15th May, 2007, the Appellant filed Crl. Misc. Petition Nos.177 of 2007 and 178 of 2007 before the Chhattisgarh High Court under Section 482 Cr.P.C. for quashing the order passed by the Additional Sessions Judge, Khairagarh, on 19th March, 2007. The High Court ultimately dismissed both the Petitions by the orders impugned in these Appeals. 7. On behalf of the Appellant, it was contended that the learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the drawer expires. 8. Learned counsel then referred to another decision of this Court in Prem Chand Vijay Kumar vs. Yashpal Singh" Anr. [(2005) 4 SCC 417], wherein the view expressed in Sadanandan Bhadran's case (supra) was reiterated. Learned counsel submitted that in view of the aforesaid decisions of this Court which authoritatively explained that cause of action arises only once on the issuance of notice upon dishonour of the cheque and receipt thereof by the accused, the learned Magistrate had erred in law in taking cognizance on the basis of the second notice whereas the cause of action had arisen under the first notice dated 30th March, 2006, which clearly indicates that the complaint filed on 10th July, 2006, was well outside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for making the complaint after the prescribed period. 13. Learned counsel urged that having regard to the above, no interference was called for with the order of the learned Magistrate taking cognizance or the order of the High Court affirming the said order. 14. We have given our anxious thought to the submissions made on behalf of the respective parties, having regard to the apparently different views expressed in Sadanandan Bhadran's case (supra), Prem Chand Vijay Kumar's case (supra) and the latest decision in S.L. Construction's case (supra). 15. On careful scrutiny of the decision in S.L. Construction's case (supra), it would appear that the facts on the basis of which the said decision was rendered, were different from a case of m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the bank regarding the return of the cheque as unpaid and clause (c) provides that if the drawer of the cheque fails to make the payment of the said amount of money to the payee or to the holder in due course of the cheque within 15 days of receipt of the said notice, the payee or the holder of the cheque may file a complaint under Section 142 of the Act in the manner prescribed. 17. In the instant case, it is clear that the first notices were received by the Appellant on 14th June, 2006, whereas the complaints were filed on 10th July, 2006. It must, therefore, be held that the complaints were filed beyond the period of limitation and the learned Magistrate erred in taking cognizance on the complaints filed on the basis of the second noti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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