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2009 Supreme(Online)(Bom) 14

BOMBAY HIGH COURT
S.B. Shukre, J
M/s. Devi Packaging Industries Chennai and Others v. M/s. Bazargaon Paper and Pulp Mills Pvt. Ltd. Nagpur


1. These two applications under S.482 of the Code of Criminal Procedure raise a common question relating to tenability of a complaint filed after the prescribed period of limitation, by presenting the cheque again after first dishonour, in respect of offence punishable under S.138 of the Negotiable Instruments Act .

2. The applicants in both these cases are accused before the learned Judicial Magistrate First Class, Nagpur in Criminal Complaint Nos. 2337 and 2339 of 2005. Criminal Complaint bearing No. 2337 of 2005 was filed in respect of cheque Nos. 272309, 274088 and 274086 issued by the applicant in favour of the complainant. Criminal Complaint No. 2339 of 2005 is in respect of Cheque No. 279014 likewise issued by the applicant in favour of the original complainant. In the complaints filed, the cheques were shown to have been presented by the complainant on 5-8-2005 and 6-8-2005. They were dishonoured and an intimation of dishonour was received by the complainant. On 1-9-2005, the notices were sent to the applicants by the complainant demanding the amounts under the cheques. These notices were duly received by the present applicants. The present applicants, however, failed to co












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