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2007 Supreme(Kar) 828

H.V.G.RAMESH
P. S. AITHALA – Appellant
Versus
GANAPATHY . N. HEGDE – Respondent


Advocates appearing for
Appellant:Sri M.T. Nanaiah & Sri Uday K. Reddy, Advocates for common.
Respondents: M/s. Singh & Rani Associates, Advs.

JUDGMENT

Ramesh, J.

These appeals have been taken up together for disposal since they are arising out of common judgment passed by the XXII Addl. C.M.M., & XXIV Addl. Small Causes Judge, Bangalore city in C.C. Nos. 1842/03 to 18429/03 by order dated 21-12-05.

2. The appellant had filed four separate cases against the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act for the dishonour of cheques issued by the respondent drawn on Canara Bank, Mahalakshmi Layout Branch, Bangalore. According to the complainant, he issued a legal notice dated 12-8-03 by RPAD as well as under Certificate of Posting on 13-8-03 and despite service there is non-compliance by the respondent to pay the amount, as such, the complaint came to be filed. Along with the complaint, an application under Section 5 of the Indian Limitation Act R/w Section 142(b) of the N.I. Act was also filed for condonation of delay of 13 days in filing the complaint. The learned Magistrate, after enquiry, has taken up the matter for final disposal and while answering the first issue as to whether the complaint petition is barred by time, holding that petition is time barred, dismissed the comp










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