ORDER

1. This application under Section 378(4) of Cr.P.C. has been filed by the complainant seeking leave to file appeal against the judgment dated 21.2.2022 passed by the Judicial Magistrate First Class, Gwalior, in SC NIA No.6600419/2016 whereby his complaint under Section 138 of the Negotiable Instruments Act has been dismissed on the ground that same has been filed within 15 days from the date of receipt of notice to the accused.

2. Learned counsel for the petitioner has placed reliance on the decision of the Supreme Court in Yogendra Pratap Singh vs. Savitri Pandey and another, (2015) 1 SCC (Cri) 226 para 41 wherein it has been held as under:-

"42. Section 142 of the NI Act prescribes the mode and so also the time within which a complaint for an offence under Section 138 of the NI Act can be filed. A complaint made under Section 138 by the payee or the holder in due course of the cheque has to be in writing and needs to be made within one month from the date on which the cause of action has arisen under clause (c) of the proviso to Section 138. The period of one month under Section 142(b) begins from the date on which the cause of action has arisen under clause (c) of the proviso