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TMI Blog2022 (1) TMI 356X X X X Extracts X X X X X X X X Extracts X X X X ..... mpleted and within one month, if, no complaint is filed the Magistrate is barred to take cognizance of the complaint, which is filed beyond limitation period. The entire complaint filed by opposite party no.2 does not indicate any reason as to why delay took place in filing the complaint. The averment regarding the delay and time-barred complaint is made in para 11 and 12 of the instant application and the opposite party no.2 has not denied the contents of para 11 and 12 while giving reply in para 10 of the counter affidavit the opposite party no.2 has said that case is argumentative and suitable reply will be given at the time of argument. The opposite party no.2 has rather admitted the contents of para 11 and 12 because vague reply has been given. Application allowed. - Application U/S 482 No. - 617 of 2009 - - - Dated:- 23-12-2021 - Hon'ble Brij Raj Singh, J. For the Applicant : Dr. S.B. Singh For the Opposite Party : Govt. Advocate ORDER HON'BLE BRIJ RAJ SINGH,J. 1. Heard Dr. S.B. Singh, learned counsel for the applicant and learned A.G.A. for the State-opposite party no.1. No one appears on behalf of opposite party no.2, even in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eque for insufficiency, etc., of funds in the account. -Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for [a term which may be extended to two years], or with fine which may extend to twice the amount of the cheque, or with both: Provided that nothing contained in this section shall apply unless - (a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier; (b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... KUMAR Vs. YASHPAL SINGH AND ANOTHER, SIL IMPORT, USA Vs. EXIM AIDES SILK EXPORTERS, BANGALORE; AND SADANANDAN BHADRAN Vs. MADHAVAN SUNIL KUMAR. In the case of Prem Chand Vijay Kumar, Hon ble Supreme Court has held that the Magistrate cannot take cognizance if the complaint is not filed within one month from the date, of which the cause of action arose. The Court has enunciated that cause of action will arise just soon after completion of the offence and period of limitation. Para 15 of the said judgment is reproduced as below:- 15 . In SIL Import, USA v. Exim Aides Silk Exporters it was held that the language used in Section 142 admits of no doubt that the Magistrate is forbidden from taking cognizance of the offence if the complaint was not filed within one month of the date on which the cause of action arose. Completion of the offence is the immediate forerunner of rising of the cause of action. In other words, cause of action would arise soon after completion of the offence and period of limitation for filing of the application starts running simultaneously. 11. Similarly, the case of Sil Import, USA Vs. Exim Aides Silk Exporters, Bangalore is also important to ment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the cause of action and that is the failure to make the payment within 15 days from the date of the receipt of the notice. The reason behind giving such a restrictive meaning is not far to seek. Consequent upon the failure of the drawer to pay the money within the period of 15 days as envisaged under clause @ of the proviso to Section 138, the liability of the drawer for being prosecuted for the offence he has committed arises, and the period of one month for filing the complaint under Section 142 is to be reckoned accordingly. The combined reading of the above two sections of the Act leaves no room for doubt that cause of action within the meaning of Section 142 arises -and can arise - only once. 7. Besides the language of Sections 138 and 142 which clearly postulates only one cause of action there are other formidable impediments which negates the concept of successive causes of action. One of them is that for dishonour of one cheque there cane be only one offence and such offence is committed by the drawer immediately in his failure to make the payment within fifteen days of the receipt of the notice served in accordance with clause (b) of the proviso to Section 138. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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