IMPORTANT POINT
A complaint for an offence under section 138, N.J. Act can be filed within 1 month from the date of cause of action.

M.M. Mirdhe, J.- This Criminal Revision Petition is filed under Section 397 (I), Cr. P.C. to set aside the order dated 4.12.1990 passed by the Metropolitan Magistrate, IV Court, Bangalore, in Case No. PCR 290/90.

2. I have heard the learned counsel for the petitioner and perused the records of the case. The learned counsel for the respondent has remained at the time of hearing of this case.

3. The Revision Petition is admitted.

4. With the consent of the learned counsel for the petitioner, I have heard this matter on merits today.

5. The petitioner filed a complaint under Section 200, Cr. P.C. against the respondent alleging that he has committed an offence punishable under Section 138 of the Negotiable Instrument Act.

6. The Magistrate took cognizance and recorded the sworn statement of the complainant and then he dismissed the complaint under Section 203, Cr. P.C. on the ground that the complaint was filed on 21.8.1990 which was beyond the period of one month of arising of the cause of action under Section 138(c) of the Act. The view taken by the Magistrate is wrong. The cheque was issued by the respondent on 15.6.1990. It is alleged to have been dishonoured on 7.7.1990. The petitioner issued a notice to the respondent on 9.7.1990. The notice is served on the respondent on 14.7.1990. Under Section 138(c) of the Act, the respondent has 15 days time to pay the dues. That date would be 30.7.1990. The respondent had time to pay the amount of the cheque on or before 30.7.1990. The petitioner could not have filed any complaint before that date. The respondent had time to pay the amount of the cheque till then. Therefore, the cause of action has not arisen till 30.7.1990. It arose only on 30.7.1990 when, on the expiry of the 15 days period the respondent did not pay the amount of the cheque and from that date the petitioner had one month's time under clause (b) of Section 142 of the Act. The complaint filed by the petitioner is well within time. The Magistrate was wrong in dismissing it as having been filed beyond the period of limitation.

7. Hence, I make the following order:

The Revision Petition is allowed. The order of the Magistrate is set aside. The case is remitted back to the learned Magistrate to proceed further in accordance with law.

Revision allowed.