JUDGMENT - D.G. DESHPANDE, J.:---Heard Mr. Vashi for the petitioners and Mr. Jamdar for respondent No. 1 and learned A.P.P. for State/respondent No. 2. This petition is filed by the petitioners/accused for quashing the proceedings under section 138 of the Negotiable Instruments Act which were initiated by respondent No. 1 on bouncing of cheques which were given by the petitioners towards returns of intercoporate deposit of Rs. 25 lacs.

2. It was contended by Mr. Vashi that the cheques were dishonoured as per Bank advice letter dated 4-8-1993. Thereafter complainant gave a notice dated 9-8-1993 about dishonoured of the cheques, but filed a complaint on 30-10-1993, and therefore, complaint was barred by limitation. He also contended that presenting the cheques at second time and giving notice thereafter on 15-9-1993 and calculating period of limitation from 15-9-1993 was contrary to the judgment of the Supreme Court reported in 1999(5) Bom.C.R. 242 (Sadanandan Bhadran v. Madhavan Sunil Kumar)1.

3. On the other hand, it was contended by Mr. Jamdar that after the first dishonoured of the cheques on 1-8-1993 the complainant sent fax to the accused requesting them to make payment, and this

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