JUDGMENT:

Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. Challenge in this appeal is to the order passed by a learned Single Judge of the Punjab and Haryana High Court dismissing the application filed in terms of Section 482 of the Code of Criminal Procedure, 1973 (in short the “Cr.P.C.”). Appellant had filed a petition for quashing the complaint filed by the respondent in terms of Section 138 of the Negotiable Instruments Act, 1881 (in short the “Act” In the complaint it was averred that a cheque was issued by the appellant on 31.3.1998 which was dishonoured by the bank when presented on 11.4.1998. Notice dated 27.4.1998 was duly served on the appellant. Since the accused appellant assured that the cheque will be honoured if it is presented again, the cheque was presented but was again dishonoured on 30.9.1998 for which notice dated 13.10.1998 was again served on the appellant. But no payment was made. Appellant filed an application in terms of Section 245 of the Code of Criminal Procedure, 1973 (in short the Cr.P.C. ) before the trial court for discharge. It was averred that the application was clearly barred by time and therefore the said application ought to be dismissed at the ou