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TMI Blog2020 (9) TMI 390X X X X Extracts X X X X X X X X Extracts X X X X ..... f NI act, makes it clear that the drawee has to send a legal notice within 30 days from the date of return dishonour of cheque and asking for payment mentioned in the cheque to be maid within the 15 days. On expiry of fifteen days from the service of notice, the complaint may be filed within one month. In the instant case it may be seen that as per allegations of complaint, the cheque was issued by the applicant on 18.01.2017, which was presented by complainant in his bank Allahabad Bank, Mawana on 02.02.2017. This cheque was dishonored on 03.02.2017 due to insufficiency of funds in account of applicant and memo of bank to this effect was received by the complainant on 04.02.2017 - as the notice was served on 17.03.2017, thus the cause ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he applicant. It was stated that impugned complaint is barred by limitation prescribed under N.I. Act and that provisions of Section 142(b) have not been complied with. Learned counsel has referred provisions of Section 142 N.I. Act and stated that impugned order is liable to be set aside. Learned A.G.A. has submitted that instant application has been filed with long delay after three years and that there is no illegality in the impugned order. At the outset it may be pointed out that instant application has been after three years of issuance of impugned summoning order, which was passed on 16.08.2017 and as no satisfactory explanation for delay has been given, thus there being undue delay and latches on the part of applicant in filin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cause of action to file a complaint accrues to a complainant/payee/holder of a cheque in due course if: (a) the dishonoured cheque is presented to the drawee bank within a period of six months from the date of its issue. (b) if the complainant has demanded payment of cheque amount within thirty days of receipt of information by him from the bank regarding the dishonour of the cheque, and (c) if the drawer has failed to pay the cheque amount within fifteen days of receipt of such notice. (iv) The facts constituting cause of action do not constitute the ingredients of the offence under Section 138 of the Act. (v) The proviso to section 138 simply postpones/defers institution of criminal proceedings and taking of cogn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onditions are satisfied for initiation of proceedings under section 138 N. I. Act and it can not be said that complaint filed by O.P. No. 2 is barred by limitation and therefore the contention raised by learned counsel has no force. So far as these contentions are concerned that the complaint has made false and baseless allegations and with malfide intention, it may be stated that it is well settled that in determining the question whether any process is to be issued or not, what the Magistrate has to be satisfied is whether there is sufficient ground for proceeding and not whether there is sufficient ground for conviction. Whether the evidence is adequate for supporting the conviction, can be determined only at the trial and not at the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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