1. By this application U/s. 482 CrPC, the petitioner prays for quashing of the complaint No. 4837c/2003 filed by the respondent U/s. 138 of the Negotiable Instrument Act.

2. The undisputed facts are that the petitioner issued Cheque No. 159095 dated 18.02.2003 for Rs. 10 (ten) lakhs drawn on Oriental Bank of Commerce, 393, Sir Mangal Das House Lamington Road Branch, Mumbai 400 004 in favour of the respondent. The respondent presented the cheque for payment with its banker Canara Bank, Guwahati Main Branch on 12.08.2003. The information regarding dishonour of the cheque was received by the respondent on 17.09.2003. Thereafter the respondent sent notice to the petitioner demanding the said cheque amount on 13.10.2003 by Courier Service and also by Speed Post with A/D Card on 31.10.2003.

3. The learned counsel appearing on behalf of the petitioner has submitted that the Cheque No.159095 dated 18.02,2003 was presented to the drawer bank for encashment on 19.08.2003 after validity period of 6(six) months and as such, complaint is not maintainable and no criminal liability could be attributed to the petitioner.

4. Section 138 of the N.I. Act, provides that the cheque is to be presented to t

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