JUDGMENT :

1. The petitioner is the accused in CC.No.147 of 2015 on the file of Judicial Magistrate of First Class, Kanigiri, for the offence under Section 138 of the Negotiable Instruments Act maintained by the 2nd respondent-complainant. This petition is filed to quash the said CC with cognizance order of the learned Magistrate.

2. The contentions in seeking to quash the complaint case are that the complaint was filed on 21.04.2015 for the cheque bearing No.229565 dated 27.01.2015 said to have been issued by the accused in favour of the complainant, when presented returned dishonoured for Rs.20,00,000/- for alleged part discharge of the pronote debt and the cheque was returned dishonoured on 03.02.2015 for funds insufficient, from which within one month thereafter statutory notice was issued that was served on the accused on 03.03.2015 and within 15 days thereafter by 18.03.2015 payment not made and from the cause of action the complaint within one month there from stated filed, but in fact not filed within time in saying after the 15 days time for payment ending by 18.03.2015 supra the cause of action for one month to be counted even one day excluded in its counting the complaint