ORDER :

This is a petition filed under Section 482 of the Code of Criminal Procedure to quash Annexure-A1 complaint, which led to registration of S.T.No.1970 of 2020 pending before the Judicial First Class Magistrate Court, Changanacherry. The petitioner herein is the accused before the trial court and the respondents are State of Kerala as well as the original complainant in the above case.

2. A question of subtle importance crops up for consideration is;

How to calculate the period of limitation for filing complaint under Section 142 of the Negotiable Instruments Act alleging commission of offence punishable under Section 138 of the NI Act?

3. Though notice served on the second respondent, he did not appear.

4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor representing the State.

5. The learned counsel for the petitioner would submit that the legal notice issued in this case was accepted by the accused on 22.04.2020. Thereafter, the complaint was filed on 08.06.2020. Therefore, it is argued that, the complaint was filed after expiry of the statutory period without any petition to condone delay. It is submitted further that as per Section 142(1)(b