JUDGMENT- M.F. SALDANHA , J.:- On the unusual facts that have emerged before us in this petition, certain interesting points of law have been canvassed which are of some consequence having regard to the fact that they concern the ambit and scope of section 138 of the Negotiable Instruments Act. This recently introduced provision of law was specially placed on the Statute Book for purposes of making the dishonour of cheques punishable by a Criminal Court and thereby providing a speedy and efficacious remedy to the victim of such a situation. The provision, however, prescribes certain conditions and limitations which have been seriously debated in the course of the hearing of this petition and which are summarised by us below as they substantially represent the high points of the issues in controversy :

(a) Whether it is open to a complainant to invoke the process of a Criminal Court alleging an offence under section 138 of the Negotiable Instruments Act at any point of time earlier to that as is prescribed in the section and whether this infirmity is at all curable or whether it is fatal to the prosecution?

(b) What is the correct manner in which the time-frame as is prescribed in

Click Here to Read the rest of this document