Dr. G. Yethirajulu, J.—The Criminal Appeal is preferred by the complainant against the Judgment of the II Metropolitan Magistrate, Hyderabad dated 17-9-2002 in C.C. No. 313/1999. The appellant filed a private complaint under Section 200, Cr. P.C. for the offence punishable under Section 138 of the Negotiable Instruments Act (for short the “Act”) against respondents 1 and 2. The learned Magistrate after recording the evidence and after hearing both parties held that the complaint is barred by limitation and hence the accused are acquitted for the offence under Section 138 of the Act. Being aggrieved by the Judgment of the lower Court the appellant preferred the present appeal challenging its validity and legality.

2. The learned Counsel for the complainant submitted that the cause of action to file the complaint arose on 12-11-1999, limitation for filing complaint starts on 13-11-1999 and the limitation to file the complaint is on 12-12-1999. Since 12-12-1999, happens to be a Sunday, a public holidary, the complaint was filed on 13-12-1999 which is within the period of limitation. Therefore the lower Court is erred in holding that the complaint is barred by limitation. The lear