ORDER

1. This revision under Section 397 read with Section 401 of Cr.P.C., 1973 has been filed assailing the order dated 01.07.2005 passed in CR.R. No. 160/2005 (M/S. Virmani Tyres Vs. Kirpal Singh Pal) whereby order dated 19.04.2005 passed by JMFC, Jabalpur dismissing the complaint filed by the respondent under Section 138 of Negotiable Instrument Act as time barred has been set aside and learned Magistrate was directed to deal the complaint treating it as well within the period of limitation.

2. Brief facts of the case are that on 24.02.2005 respondent herein filed a complaint under Section 138 of Negotiable Instrument Act, 1881 alleging that non-applicant Kirpal Singh Pal had purchased truck tyres. He had made part payment and for rest of the amount on 10.12.2004 cheque No.269688 of an amount of Rs. 50,000/- was issued in his favour. When on 29.04.2004, he presented the cheque in his Punjab National Bank BranchNagpur Road Jabalpur for encashment, same was returned dishonored on the ground of insufficient fund in the account of the non-applicant/accused. On 11.01.2005 respondent/complainant sent a legal notice through his Advocate which was received by the applicant/accused on 12.0