How to compute the one-month period for filing a complaint under Section 142 of the Negotiable Instruments Act when the cause of action arises on a specific date? What is the rule for excluding the first day and including the last day in computing a period of limitation as applied to Section 12(1)/(2) of the Limitation Act and Section 9 of the General Clauses Act? What is the effect of excluding the day from which the period is to be reckoned in counting periods for time-limited statutory actions under Indian law, as applied in the context of dishonor of cheques under Section 138/142?

Key Points: - The complaint filing period for NI Act S.138/142 is computed by excluding the day on which the cause of action arises, per the rule discussed (paras referencing 6-9, 12-14) (!) (!) (!) . - The calculating rule is aligned with Section 12(1)/(2) Limitation Act and Section 9 of the General Clauses Act, which exclude the first day and include the last day in a period (!) (!) . - The cause of action for filing a complaint arises from the day after the 15-day notice period expires, and that day is excluded for counting the one-month period (illustrated in the cited case) (!) (!) . - The court held that in the given facts, filing on 15.11.1995 was within time because the one-month period started after 15.10.1995 (excluded) (!) . - The decision affirms that the rule is well established and consistent with English and Indian statutory interpretation for computing limitation periods (!) (!) . - The Appeals were dismissed on the basis of the correct computation of time (!) . - The decision cites Haru Das Gupta v. State of West Bengal as precedent for the exclusion rule in date-based time computations (!) . - The rule is applicable to complaints under Section 142 in addition to Section 138 proceedings, where cognizance requires filing within time (!) (!) . - The general principle of time computation under limitation laws is to exclude the first day and include the last day in the relevant period (!) . - The relevant statutory sections involved: NI Act Sections 138, 142; General Clauses Act S.9; Limitation Act S.12(1),(2) (!) (!) .

How to compute the one-month period for filing a complaint under Section 142 of the Negotiable Instruments Act when the cause of action arises on a specific date?

What is the rule for excluding the first day and including the last day in computing a period of limitation as applied to Section 12(1)/(2) of the Limitation Act and Section 9 of the General Clauses Act?

What is the effect of excluding the day from which the period is to be reckoned in counting periods for time-limited statutory actions under Indian law, as applied in the context of dishonor of cheques under Section 138/142?