The main legal point established in the judgment is the strict adherence to the time limits and requirements outlined in section 138 of the Negotiable Instruments Act, particularly regarding the issuance of notice within 15 days of receiving information about the dishonour of the cheque.

Judgment

1. Appellant has filed this appeal 378 (4) of Cr.P.C for grant of special leave to appeal against the order of acquittal dated 10/08/2006 passed by CJM, Shahdol in criminal complaint case no. 1/03 where respondent is acquitted for the offence punishable u/s 138 of the Negotiable Instruments Act on the ground of limitation and regarding other allegations trial Court had given positive finding in favour of the complainant and found that complainant has proved his case fully.

2. It is undisputed that appellant was married with respondent however divorce has taken place between both the parties. A complaint was filed by the appellant/wife alleging that on 15/01/96 respondent/husband had issued a cheque for a sum of Rs. 15,000/-. The cheque was signed by the respondent and was deposited in Shahdol Kshetriya Gramin Bank (hereinafter shall be referred as ‘the Bank’) and was dishonoured due to insufficient fund in the account. It is important to note that the Bank dishonoured the cheque vide memorandum dated 20/06/96 Ex.P-3 on the ground of insufficient fund. However, an endorsement is also made and duly proved by Branch Manager PW-2 Arun Shrivastava that on 1/07/96 intimation of this memorandum was given to complainant. Complainant case is this that the intimation regarding insufficient fund was given to her on 1/07/96 and thereafter on 11/07/96 Ex.P-3 lawyer notice was sent by the complainant to the respondent.

3. Respondent took a legal objection that actually Ex.P-2 memorandum of the Bank was given to complainant on 20/06/96 and even then Ex.P-4 notice was given to him on 11/07/96 meaning by it was time barred.

4. In support of the appeal, learned counsel for appellant has submitted that the CJM was not right in dismissing the petition on the ground of limitation. The CJM lost sight of the fact that there is specific endorsement Ex.P-2 memorandum of the Bank that this memo was given to the complainant on 1/07/96 and thus, the period of limitation has to be reckoned from 1/07/96 i.e. the date on which the complainant received an information from the Bank.

5. Learned counsel for respondent/husband on the other hand submitted that it is admitted position that the Bank is functioning from house of complainant’s parents and aforesaid memorandum was issued by the Bank on 20/06/96 and in these backgrounds the intimation was given to complainant on 1/07/96 cannot be treated as a date of memorandum issued by the Bank. For resolution of the controversy, section 138 of Negotiable Instruments Act is relevant, it reads as under :-

“138. Dishonour of cheque for insufficiency, etc., of funds in the accounts Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall without prejudice to any other provisions of this Act, be punished with imprisonment for [a term which may extend to two year], or with fine which may extend to twice the amount of the cheque, or with both:

Provided that nothing contained in this section shall apply unless-

(a) The cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier.

(b) The payee or the holder induce course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice, in writing, to the drawer, of the cheque, [within thirty days] of the receipt of information by him from the bank regarding the return of the cheques as unpaid, and

(c) The drawer of such cheque fails to make the p