( 1 ) THE prosecution launched under Section 138 of the Negotiable instruments Act ended in acquittal of the 1st respondent. Therefore, this appeal at the instance of the complainant. The reason for the acquittal was that the complaint was filed beyond the period of limitation provided for in Section 142 (b) as it then stood, before the amendment by Act 55/2002.

( 2 ) THE facts relating to the issue are as follows. Statutory notice was tendered for delivery on the accused and he refused it on 3-8-1996. Notice was received back by the complainant on 9-8-1996. On the 45th day from 9-8-1996, complaint was filed on 23-9-1996. Whether this is a belated complaint is the moot question. As per clause (b) of the proviso to Section 138 of the Act, the payee or the holder in due course of the cheque, as the case may be, shall make a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque , within thirty days of the receipt of information by him from the bank regarding the return of the cheque as unpaid. That notice has been duly issued. Ext. P6 is the notice. Then the payee has to wait for 15 days for the drawer to meet the demand for paym

Click Here to Read the rest of this document