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IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
PARTHIVJYOTISAIKIA
Jainal Abdin, S/o. Hamed Ali – Appellant
Versus
State Of Assam, Rep. By The PP, Assam – Respondent
| Table of Content |
|---|
| 1. timeline of cheque dishonor and legal notice. (Para 2 , 3 , 4) |
| 2. computation of limitation period. (Para 6 , 7) |
| 3. dismissal of revision petition. (Para 8 , 9) |
JUDGMENT :
PARTHIVJYOTISAIKIA, J.
Heard Mr. S. A. Ahmed, learned counsel appearing for the petitioner. Also heard Mr. A. Hussain, the learned counsel representing the respondent no. 2.
2. This is an application under Section 397 read with Section 401 of the Criminal Procedure Code whereby the judgment and order dated 23.02.2024 passed by the learned Sessions Judge (FTC), Barpeta in Criminal Appeal No. 12/2023 affirming the judgment dated 05.04.2023 passed by the learned SDJM, Barpeta in NI Case No. 84/2021 is put to challenge.
3. The cheque in question was issued on 21.04.2021. The same was presented to the bank on 23.04.2021. The bank informed on 26.04.2021 about dishonour of the cheque. The complainant sent a legal notice to the drawer of the cheque on 06.05.2021 i.e. after 10 (ten) days of dishonour of the cheque. The notice was received by the drawer on 27.05.2021. The complainant filed the complaint case on 16.06.2021.
4. The present petitioner has claimed that the cause of action for the case arose on 23.04
The court held that in calculating limitation periods under the Negotiable Instruments Act, the date of cause of action accrual must be excluded, supporting timely filings.
The court confirmed that for a complaint under Section 138, the cause of action date excludes the day it arises when computing limitation, emphasizing strict adherence to procedural timelines.
The correct computation of the statutory period for filing a complaint in cases of dishonoured cheques is essential for the court's decision.
The court allowed a remitting of the case for fresh evidence regarding cause of action, emphasizing that the issuance of the first notice could impact the timelines under the Negotiable Instruments A....
The court confirmed that a dishonoured cheque can lead to criminal liability under Section 138, provided all statutory requirements, including timely filing of the complaint, are met.
The determination of the date of receipt of notice and the commencement of the statutory period for filing a complaint under Section 138 of the NI Act.
Dishonour of cheque – Within six months cheque may be presented several times.
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