ORDER

1. THE RESPONDENT FILED A COMPLAINT IN THE COURT OF THE METROPOLITAN MAGISTRATE ON 31-7-1995 UNDER SECTION 138 READ WITH SECTION 141 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881 CONSEQUENT UPON THE DISHONOUR OF THE CHEQUE BEARING NO. 734133 DATED 13-2-1995 FOR RS 14,96,056. THE SAID CHEQUE WAS ISSUED BY THE APPELLANT IN CONNECTION WITH THE TRANSACTION OF PURCHASE OF TEA FROM THE RESPONDENT CONCERN. AFTER EXAMINATION OF THE COMPLAINANT, THE LEARNED MAGISTRATE TOOK COGNIZANCE OF THE OFFENCE AND ISSUED PROCESS FOR APPEARANCE OF THE ACCUSED PERSONS I.E. THE APPELLANTS. AN APPLICATION FILED FOR DROPPING FURTHER PROCEEDINGS AND FOR DISMISSAL OF THE COMPLAINT ON THE GROUND THAT IT WAS NOT MAINTAINABLE, WAS REJECTED BY THE METROPOLITAN MAGISTRATE BY HIS ORDER DATED 19-12-1996. THE HIGH COURT WAS MOVED IN REVISION BY THE APPELLANT. THE REVISION APPLICATION WAS DISMISSED BY THE IMPUGNED ORDER DATED 26-8-1998.

2. THE LEARNED COUNSEL FOR THE APPELLANTS SUBMITS THAT THE COMPLAINT IS NOT MAINTAINABLE BECAUSE THE CAUSE OF ACTION HAD ARISEN ON THE DISHONOUR OF THE CHEQUE IN THE FIRST INSTANCE I.E. ON 14-2-1995, BUT NO COMPLAINT WAS FILED WITHIN ONE MONTH THEREAFTER. THOUGH A NOTICE WAS ISSUED ON