ORDER

1. DESPITE GRANT OF LAST OPPORTUNITY, THE COUNTER-AFFIDAVIT HAS NOT BEEN FILED BY THE RESPONDENT.

2. WE HAVE HEARD THE LEARNED COUNSEL FOR THE PARTIES.

3. LEAVE GRANTED.

4. THE APPELLANT FILED A COMPLAINT AGAINST THE RESPONDENT UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881. ON A PETITION FILED BY THE RESPONDENT UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 (FOR SHORT "THE CODE"), THE HIGH COURT, BY THE IMPUGNED JUDGMENT AND ORDER, HAS QUASHED THE PROCEEDINGS IN CC NO. 421 OF 2002 ARISING OUT OF THE AFORESAID COMPLAINT. THE ONLY GROUND ON WHICH THE PROCEEDINGS HAVE BEEN QUASHED IS THAT THE COMPLAINT WAS NOT FILED WITHIN THE STIPULATED PERIOD UPON THE DISHONOUR OF THE CHEQUE ON THE FIRST OCCASION. FOR MORE THAN ONE REASON, THE IMPUGNED JUDGMENT AND ORDER DESERVES TO BE REVERSED. FIRSTLY, NO. SUCH GROUND SEEMS TO HAVE BEEN TAKEN BY THE RESPONDENT IN THE PETITION FILED UNDER SECTION 482 OF THE CODE; AND SECONDLY, ACCORDING TO THE APPELLANT, THE STATUTORY NOTICE OF DISHONOUR OF THE CHEQUE WAS GIVEN ONLY ONCE I.E. THE NOTICE DATED 5-11-2002, WHERE AFTER THE COMPLAINT WAS FILED WITHIN THE PERIOD STIPULATED IN LAW. NEITHER IN THESE PROCEEDINGS NOR IN THE PETITION