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TMI Blog2020 (1) TMI 388X X X X Extracts X X X X X X X X Extracts X X X X ..... e time comes 24th January, 2015 i.e. the presumption period and fifteen days thereafter, 8th January, 2015, i.e. the time to make the payment and thereafter, the complaint was required to be filed within one month by 5th March, 2015, but the complaint was filed in the month of February, 2015, which is within limitation. It is clear that the complaint was filed within time and the learned Court at Rampur Bushehar, has got territorial jurisdiction to adjudicate the case. Notice was duly served upon the respondent, as it was the same address, of which, the present petition is filed. In these circumstances, jurisdiction of Section 482 of the Code of Criminal Procedure, is not required to be exercised and complaint cannot be quashed. The present petition sans merits, deserves dismissal and is accordingly dismissed. - Cr. MMO No. 545 of 2019. - - - Dated:- 1-1-2020 - The Hon ble Mr. Justice Chander Bhusan Barowalia For the Petitioner : Mr. Vipinder Roach and Mr. Parveen Thakur, Advocates For the Respondent : Mr. Vivek Dahiya and Mr. Sative Chauhan, Advocates viceMr. Satpal Chauhan, Advocate ORDER Chan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent, the same was returned unclaimed with the note Not met left no address and returned to sender on 30.12.2014. The respondent has failed to pay the aforesaid amount of cheque after receiving the notice as well as oral information given through mobile by the complainant after the cheque was dishonoured within a statutory period and thus, committed an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. Hence, the present petition. 3. By way of the present petition, petitioner has come before this Court for quashing the complaint on the ground that the complaint was time barred, no notice was duly served upon the respondent and the complaint is premature and the learned Court at Rampur Bushehar, has no jurisdiction to try the case. 4. In support of his arguments, learned counsel appearing on behalf of the petitioner has relied upon the judgment passed by this Court rendered in Criminal Appeal No.168 of 2008, titled Bimla Devi and others vs. Harish Rana, , decided on 20.6.2017. He has also relied upon the judgment in Bridgestone India Private Limited vs. Inderpal Singh, (2016) 2, Supreme Court Cases 75, on his aspect and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... funds thereafter, notice was issued to the respondent within two days through Bank, which is Ex.CW1/D, in the learned Court below, on the address of the respondent, which is the same address and now in the present petition, endorsement on the same was unclaimed and before that intimation was left by the addressee by the postal authority. In these circumstances, the presumption is that it was received by the respondent and the same was returned to the addressee by the Post Office on 24.12.2014 and it could have been taken three days to reach back to the sender. 10 Now in the instant case, the presumption has to be taken that it is received by the addressee, when it was on the known address, which is the same address in the present petition and after thirty days, the time comes 24th January, 2015 i.e. the presumption period and fifteen days thereafter, 8th January, 2015, i.e. the time to make the payment and thereafter, the complaint was required to be filed within one month by 5th March, 2015, but the complaint was filed in the month of February, 2015, which is within limitation. 11. Hon ble High Court of Himachal Pradesh in Bimla Devi and others vs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nding proven alone enjoy creditworthiness. Be that as it may, with the preemptory mandate of the apposite clause of Section 138 of the Act not begetting any satiation, thereupon it is befitting to conclude that hence with the complainant not begetting any compliance therewith, thereupon the magistrate concerned stood barred to take cognizance upon the complaint. Hence, I find no merit in the appeal. The same is dismissed. The impugned judgment of the learned trial Court is maintained and affirmed. 12. Now coming to the second aspect of the case, as address was the same of which, the present petition was filed by the petitioner, the judgment as cited in Bimla Devi and others case (supra), is not applicable to the facts and circumstances of the present case. 13. The amendment by way of Notification No.7 of 2015, by the Ministry of Law and Justice (Legislative Department), New Delhi, 22nd September, 2015/Bhadra 31, 1937 (Saka), Section 3 reads as under : 3. In the principal Act, section 142 shall be numbered as sub-section (1) thereof and after sub-section (1) as so numbered, the following sub-section shall be inserted, namely :- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d a petition under Section 482 of the Criminal Procedure Code, in the High Court of Madhya Pradesh before its Indore Bench. Having examined the controversy in hand and keeping in mind the fact, that a number of documents were presented by the respondent Inderpal Singh during the course of hearing before the High Court, by an order dated 03.12.2009, the petition filed by the accusedrespondent was disposed of, by remitting the case to the Judicial Magistrate, First Class, Indore, requiring him to pass a fresh order after taking into consideration the additional documents relied upon, and the judgments cited before the High Court. The Judicial Magistrate, First Class, Indore, yet again, by an order dated 11.01.2010 held, that he had the territorial jurisdiction to adjudicate upon the controversy raised by the appellant M/s Bridgestone India Pvt.Ltd. under Section 138 of the Negotiable Instruments Act, 1881. The decision rendered by the Judicial Magistrate, First Class, Indore, was again assailed by the accused-respondent in yet another petition filed by him under Section 482 of the Criminal Procedure Code, in the High Court of Madhya Pradesh before its Indore Ben ..... X X X X Extracts X X X X X X X X Extracts X X X X
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