ORDER :

This Criminal Revision Case has been filed to set aside the order of dismissal, dated 08.06.2017, made in C.M.P.No.126 of 2016 by the learned Judicial Magistrate, Thiruchengode.

2. The petitioner/complainant has filed a private complaint before the learned Judicial Magistrate, Tiruchengode, for offence under Section 138 of the Negotiable Instruments Act, 1881 (Hereinafter referred to as 'Act')against the respondent/accused with delay. To condone the delay of 62 days, he filed a petition under Section 142(b) of the Negotiable Instruments Act, 1881 in C.M.P.No.126 of 2016. The learned Judicial Magistrate, Tiruchengode, by order, dated 08.06.2017, dismissed the petition, against which the present Criminal Revision Case.

3. The learned counsel for the petitioner submitted that in this case, statutory notice was issued by the petitioner on 12.05.2015, which was received by the respondent on 14.05.2015. As per Section 138(c) of the Act, the cause of action would arise when the drawer of the cheque fails to make payment of the cheque amount to the payee within 15 days of the receipt of the legal notice. Hence, the date of receipt of the notice by the respondent is very important for