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TMI Blog2024 (11) TMI 709X X X X Extracts X X X X X X X X Extracts X X X X ..... in fifteen days from the receipt of the notice issued by the complainant, there is no payment of the amount stated in the cheque which has been dishonoured. On the said cause of action arising, a complaint would be maintainable within a period of one month as per clause (b) of sub-section (1) of Section 142 of the N.I. Act. In the instant case, the legal notice was issued on 30.09.2019 which was received by the respondent No.2 on 01.10.2019, but a reply was given on 16.10.2019. There was no payment of the amount which was stated in the cheque which was dishonoured. Consequently, within a period of one month from 16.10.2019, the appellant had the right to maintain the complaint. In the instant case, the complaint was filed on 23.10.2019, whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned counsel for the respective parties and perused the material available on record. 4. Briefly stated, the facts are that a cheque issued by respondent No.2-accused dated 16.08.2019 for a sum of Rs.16,50,000/- was dishonoured on 04.09.2019. Consequently, the appellant got issued a legal notice on 30.09.2019. According to learned counsel for the appellant, the said legal notice was served on respondent No.2 on 01.10.2019. In respect of this submission, Vijay Ktumhar e postal track consignment record has been produced which shows that on 01.10.2019, the legal notice was served on respondent No.2. The said legal notice was replied to by respondent No.2 on 16.10.2019. Since there was no payment made as per clause (c) to the proviso to Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0.2019 which gave a cause of action to the appellant-herein to file the complaint within a period of one month from the said date and the complaint was accordingly filed on 23.10.2019. The summoning order dated 09.12.2019 was rightly issued by the Chief Judicial Magistrate, Gautam Budh Nagar which has been erroneously quashed by the High Court. Learned counsel, therefore, submitted that the impugned order may be set aside and the Chief Judicial Magistrate may be directed to continue with the trial of the complaint. 6. Per contra, learned counsel for respondent No.1-State of Uttar Pradesh submitted that this is a private complaint and the State has been made a formal party and therefore, appropriate orders may be made in this appeal. 7. Lear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue, 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 case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice. xx xx xx 142. Cognizance of offences. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), (a) no court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be maintainable within a period of one month as per clause (b) of sub-section (1) of Section 142 of the N.I. Act. 10. In the instant case, the legal notice was issued on 30.09.2019 which was received by the respondent No.2 on 01.10.2019, but a reply was given on 16.10.2019. There was no payment of the amount which was stated in the cheque which was dishonoured. Consequently, within a period of one month from 16.10.2019, the appellant had the right to maintain the complaint. In the instant case, the complaint was filed on 23.10.2019, which is within the period of limitation as prescribed in clause (b) of sub-section (1) of Section 142 of the N.I. Act. The High Court, therefore, fell in error in holding that the complaint was premature by con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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