( 1. ) PRESENT Special Criminal Application under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC') has been preferred by the petitioner herein original complainant to quash and set aside the impugned order passed by the learned Judicial Magistrate, First Class, Mehsana dated 10.07.2007 passed below Exh.1 in Criminal Case No.226 of 2006 in dismissing the said complaint filed by the petitioner herein against respondent No.2 herein original accused for the offence under Section138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'NI Act'). The petitioner has also challenged the impugned judgment and order dated 07.11.2007 passed by the learned Sessions Judge, Mehsana passed in Criminal Revision Application No.111/2007 in dismissing the said revision application and confirming the order passed by the learned Magistrate dismissing the complaint being Criminal Case No.226 of 2006 under Section 204 of the CrPC.

( 2. ) FACTS leading to filing of the present petition in nut-shell are as under: [2.1] That respondent No.2 herein original accused issued cheque No.134300 in favour of the petitioner complainant on 05.08.2006 drawn on Sarvoday Commercial Cooperative Bank Limited, Mehsana for an amount of Rs.42,544/-. That the said cheque was deposited by the petitioner with their Banker which came to be dishonoured on 10.08.2006 with an endorsement 'opening balance insufficient'. That thereafter the petitioner ' complainant issued the statutory notice as required under Section 138 of the NI Act on 25.08.2006 by RPAD to respondent No.2 ' original accused regarding dishonour of the aforesaid cheque. That the said notice issued upon respondent No.2 original accused came to be returned with an endorsement 'not known'. That thereafter the petitioner ' complainant once again deposited the aforesaid cheque on 05.10.2006 (according to the petitioner the same was again deposited/redeposited at the oral request made by respondent No.2 ' original accused) and again the said cheque came to be dishonoured with an endorsement 'opening balance insufficient'. That thereafter immediately the petitioner issued a notice upon respondent No.2 ' original accused under the provisions of Section 138 of NI Act on 14.10.2006 and the same was returned with an endorsement 'unclaimed' on 30.10.2006. That thereafter the petitioner had filed a Criminal Case No.226 of 2006 in the Court of learned JMFC, Mehsana on 20.11.2006 against respondent No.2 herein original accused for offence under Section 138 of the NI Act. That the learned JMFC, Mehsana by order dated 10.07.2007 has dismissed the said complaint under Section 204 of the CrPC on the ground that the said complaint was barred by limitation considering the period of limitation from the date of first dishonour of the cheque and issuance of the first notice on 25.08.2006. Being aggrieved and dissatisfied with the order passed by the learned JMFC, Mehsana below Exh.1 in Criminal Case No.226 of 2006 in dismissing the same under Section 204 of the CrPC, the petitioner original complainant preferred Criminal Revision Application No.111/2007 before the learned Sessions Court, Mehsana and the learned Principal Sessions Judge, Mehsana by impugned judgment and order dated 07.11.2007 has dismissed the said Revision Application relying upon the decision of the Hon'ble Supreme Court in the case of D. Vinod Shivappa v. Nanda Belliappa reported in AIR 2006 SC 2179 as well as another decision of the Honble Supreme Court in the case of (M/s.) Dalmia Cement (Bharat) Ltd. v. (M/s.) Galaxy Traders and Agencies Ltd. and Ors. reported in 2001 (1) G.L.H. 546 confirming the order passed by the learned JMFC dismissing the said complaint. Being aggrieved and dissatisfied with the impugned order passed by both the Courts below in dismissing the complaint filed by the petitioner against respondent No.2 for the offence under Section