The complaint must be made in writing and duly signed by the complainant within the specified time to avoid being barred by limitation.

B. SUDERSHAN REDDY, J.

( 1 ) THIS is an application filed under Sec. 482 of the Code of Criminal Procedure (for short the Code ) to quash all and every proceedings in C. C. No. 679 of 1998 pending on the file of the learned XVII Metropolitan magistrate, City Criminal Courts, hyderabad, in which the petitioner herein is arrayed as the sole accused.

( 2 ) BEFORE adverting to the various contentions advanced by the petitioner herein seeking to quash the proceedings, the relevant facts may have to be noticed.

( 3 ) THE first respondent herein filed a complaint against the petitioner herein for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (as amended by the Act 66 of 1988) (for short the Act ). In the said complaint, it is inter alia stated that the petitioner herein in partial discharge of the amounts due to the respondent-complainant issued a cheque dated 27-11-1997 for a sum of rs. l,00,000/- drawn on Corporation Bank, thirtha Halli, Shimoga District in favour of the respondent-complainant. The respondent-complainant presented the said cheque in the bank for realisation and the same was returned dishonoured with a memorandum dated 4-4-1998 for the reason of "payment stopped by the drawer".

( 4 ) IT is the case of the respondent- complainant that the petitioner-accused issued the said cheque without sufficient funds to the credit of her account. In order to avoid the liability, the petitioner-accused issued stop payment instructions to the banker.

( 5 ) THE respondent-complainant got issued a notice as is required under the provisions of the Act demanding the payment of the cheque amount on 6-5-1998, which was received by the petitioner-accused on 12-5-1998. The petitioner-accused failed to pay the cheque amount. In the circumstances, the respondent- complainant filed the complaint accusing the petitioner-accused of having committed an offence punishable under Section 138 of the act.

( 6 ) IN this petition, it is stated, about which there is no dispute whatsoever, that the respondent-complainant filed the complaint on 22-6-1998, but without any signature of the complainant on the complaint. Even the vakalatnama filed was not signed on 22-6-1998.

( 7 ) SRI Milind G. Gokhale, learned counsel for the petitioner submits that the present complaint filed in the Court by the respondent-complainant is barred by limitation. The learned Counsel for the petitioner relies upon certain facts, which are not in dispute, in support of his submission: cheque is dated 27-11-1997 issued by the petitioner-accused. It was returned on 4-4-1998. The respondent-complainant is duly informed about the dishonour of the cheque by its banker on 30-4-1998. Legal notice has been issued on 6-5-1998 and served upon the petitioner-accused on 12-5-1998. The complaint is filed on 22-6-1998 without any signature of the respondent-complainant on the complaint. The learned Magistrate returned the complaint with the following objections: (A) Complainant not signed on the complaint. (b) Vakalat not filed. (c) Supporting documents for. . . . . . . . . not filed. The complaint is re-presented on 2-7-1998.

( 8 ) IT is the case of the petitioner-accused that the complaint for all practical purposes was filed only on 2-7-1998, which is beyond the period of limitation. The complaint could have been filed only on or before 27-6-1998.

( 9 ) IN the facts and circumstances of the case, two points would arise for determination, viz. , (1) Whether the presentation of the complaint on 22-6-1998 is defective, and whether the defect at all could be rectified or cured? (2) Whether the same is proper presentation as is required in law?

( 10 ) THE next question that falls for consideration is as to whether the complaint is barred by limitation?

( 11 ) IT would be appropriate to notice sections 138 and 142 of the Act to appreciate the said contentions, which read as follows:138. Dishonour of cheque for insufficiency, etc. , of funds in the account. Wher

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