JUDGMENT:---By judgement and order dated 9-12-1998 learned Single Judge (Coram H.R. Shelat, J.) proposed Reference in following terms to a Larger Bench :-

"From what day the period of 15 days envisaged by section 138(c) of Negotiable Instruments Act, 1881 begins to run, whether on and from the date of the service of the notice is effected or excluding the day on which the service of notice is effected ?"

That is now the present reference is before this Court in the context of following brief facts.

2. The appellant (the complainant) came in contact with 1st respondent (the accused) since they were hailing from the same community. The 1st respondent had a talk about the job, the appellant was seeking for. At that time the 1st respondent was in need of money. Initially Rs. 15,000/- came to be advanced on 18-5-1989. Rs. 20,000/- were again paid on 25-5-1989 and since he was in need of money Rs. 35,000/- were again advanced to him on 25-7-1989. He did not return the amount back as promised to the appellant. He, therefore, demanded the amount from the 1st respondent. It is in this background that the respondent No. 1 issued a cheque for Rs. 70,000/- drawn on Bank of Baroda, Odhav Branch,

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