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1990 Supreme(AP) 272

V.BHASKARA RAO
Mahalakshmi Enterprises, Calicut - Kerala – Appellant
Versus
Vishnu Trading Company – Respondent


V. BHASKARA RAO, J.

( 1 ) QUESTION that arises for consideration in this case, is, when the limitation starts under S. 142 (b) of the Negotiable Instruments Act to file a complaint for the offence committed under S. 138 of the said Act?

( 2 ) THE facts of the case are : The respondents herein filed a complaint under S. 138 of the Negotiable Instruments Act on the ground that the cheque dated 16-7-1989 issued for Rs. 15,260. 00 by the petitioner was dishonoured on 24-7-89. In view of the dishonour, the respondents issued a notice to the petitioner on 20/08/1989, which was received by the present petitioner on 24-8-1989. It was on 5-9-89, the respondents filed the petition before the Court below complaining of the offence under S. 138 (c) of the Act. The Court below dismissed the complaint on the ground that it is barred by limitation. Section 138 (c) of the Act reads as follows :-- "where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the account of money stand




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