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C.Y.SOMAYAJULU
SHEELAM RAJI REDDY – Appellant
Versus
SAMUDRALA BIXMAIAH – Respondent


C. Y. SOMAYAJULU, J.

( 1 ) THE short, but important, point for consideration in this petition is whether the period of limitation of six months prescribed by Section 138 of the negotiable INSTRUMENTS ACT, 1881 (for short "the Act") begins from the actual date of drawal of the cheque or from the date which is found on the cheque.

( 2 ) FIRST respondent filed CC No. 299 of 2001 on the file of the Court of Judicial first Class Magistrate, Special Mobile, nalgonda against the petitioner, alleging that on 7-7-2000 the petitioner, accepting the liability of Surender Reddy to discharge the loan due to him from Surender Reddy, had issued two post-dated cheques dated 28-3-2001 for Rs. 75,000/- each and requested him to collect the amount by enchashing the cheques, and accordingly on 28-3-2001 he presented the said cheques to the Bank, but those cheques were returned for want of funds on 21-8-2001, and so he issued a statutory notice to the petitioner but the petitioner did not pay the amount, and so the petitioner is liable to be punished under section 138 of the Act. This petition is filed to quash the proceedings on the ground that the complaint is barred by time because the cheques admitt




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