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TMI Blog2022 (3) TMI 685X X X X Extracts X X X X X X X X Extracts X X X X ..... nto section 138 of the Negotiable Instruments Act alongwith the proviso and sub section (b) of section 142 of Negotiable Instruments Act. On perusal of sub-section(b) of section 142 of the Negotiable Instruments Act, it is crystal clear that the complaint is required to be made within one month of the date on which the cause of action arose - The proviso (c) of section 138 of Negotiable Instruments Act speaks that for the drawer of such cheque fails to make the payment of the said amount of money to the payee or as the case may be, to the holder in due course of the cheque within fifteen days of the receipt of the said notice, complaint is required to be filed. Thus, in view of the above date, which has been discussed here, it is crys ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8 whereby cognizance under section 138 of Negotiable Instruments Act has been taken against the petitioner in both the cases. The cognizance order in both the cases is same. The complaint case was filed by the O.P.No.2 stating therein that, the accused in order to discharge his liability had issued an account payee cheque to the complainant being cheque no.006048 dated 27.07.2017 of ₹ 1,80,000/- drawn on Bank of India Arsandey Branch, Ranchi. The complainant deposited the said cheque in his account maintained with AXIS Bank, Kanke Raod Branch Ranchi but the cheque was returned by the accused Banker due to the reason Fund insufficient and the complainant came to know about the said fact when his Banker namely AXIS Bank handed over ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice, cheque return and statutory provision under section 138(c) and 142(b) of Negotiable Instruments Act which was required to be filed on 11.09.2017. He further submits that in the complaint, there is no disclosure what was the nature of debt which is one of the condition precedent for filing complaint under section 138 of the Negotiable Instruments Act. Per contra, Mr. Shadab Eqbal, the learned counsel appearing on behalf of the O.P.No.2 in both the cases, submits that there is no delay and the case has been filed well within the time. Both the counsels, the learned counsel for the petitioners as well as the learned counsel appearing for the O.P.No.2 have relied in the case of K.S.Joseph v. Philips Carbon Black Ltd. Anr. , 2016 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2-2006 after recording a single sentence that the complainant was represented. Since proper steps were not taken summons appear to have been re-issued at the correct address on 22-10-2011. The orders of the Magistrate do not show any application of mind to the issue of delay nor has delay been condoned before issuance of summons. The ordersheet does not show any application of mind to the fact that the accused was shown to be residing at a place beyond his jurisdiction and therefore an enquiry or investigation may be required on account of amendment in Section 202 CrPC inserted by Act 25 of 2005, effective from 23-6-2006. The relevant part of Section 202 CrPC is reproduced hereinbelow: 202. Postponement of issue of process.-(1) Any M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice in writing to the drawer of the cheque, within thirty days of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and (c) The drawer of such cheque fails to make the payment of the said amount of money to the payee or as the as may be, to the holder in due course of the cheque within fifteen days of the receipt of the said notice. Explanation- For the purposes of this section, debt or other liability means a legally enforceable debt or other liability. Sub-section(b) to section 142 of the Negotiable Instruments Act stipulates as under: 142.....(b) such complaint is mad ..... X X X X Extracts X X X X X X X X Extracts X X X X
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