ORDER

12.01.2010 — Heard Mr. D. K. Mohanty, learned counsel for the petitioner and Mr. S. P. Mishra, learned senior counsel for the Opposite Party.

The petitioner in this application under Section 482 Cr.P.C. has sought to challenge the order dated 20.12.2003 passed by the learned J.M.F.C., Bhubaneswar in I.C.C. No.1850 of 2003 taking cognizance against the petitioner for the offence under Section 138 N.I. Act.

Sri Mohanty, learned counsel for the petitioner, inter alia, contends that learned S.D.J.M., Bhubaneswar took cognizance even though the complaint was filed beyond the period of limita¬tion prescribed under Section 142 of the N.I. Act. He further states that whereas the petitioner received notice from the oppo¬site party on 26.8.2003, the cause of action starts from 11.9.2003 and the complaint was filed on 13.10.2003. Accordingly, learned counsel for the petitioner asserts that the complainant has filed the complaint case beyond the limitation period of one month from the date of cause of action arising and the same is barred by limitation.

Sri S.P. Mishra, learned Senior Counsel appearing for the Opposite Party, inter alia, placed reliance on Section 142(b) of the N.I. Act