IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.09.2024 CORAM THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.OP.No.10774 of 2024 and Crl.MP.Nos.7305 and 7306 of 2024 C.Kumaresan ... Petitioner Vs.

K.Vasanthi Represented by her Power Agent S.K.Naveena Kumar ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records and quash the complainant filed in S.T.C.No.335 of 2021 on the file of Judicial Magistrate(Fast Track Court-II) Erode under Section 200 of Cr.P.C r/w 138 of Negotiable Instruments Act with regard to the petitioner.

For Petitioner : Mr.T.Sudhan Raj For Respondent : Mr.N.Palani Kumar

O R D E R

This Criminal Original Petition is filed to quash the private complaint instituted under Section 138 of Negotiable Instruments Act on the ground of limitation.

2. According to the leanrned counsel appearing for the petitioner submits that the statutory notice for dishonour of cheque was issued on 05.05.2020 and the same was replied on 07.05.2020 whereas the complaint was filed only on 08.07.2021. Therefore, the complaint is barred by limitation.

However, the learned counsel appearing for the respondent/complainant referring the order of the Hon'ble Supreme Court passed in suomotu writ petition in C.No.3 of 2020 submitted that in cases where the limitation would have expired during the period between 15.03.2020 till 20.02.2022 notwithstanding the actual balance period of limitation remaining all potential shall have a limitation period of 90 days from 01.02.2022.

4. This Order was passed on 10.01.2022 following the earlier order giving morotorium for instituting prosecution under Section 138 of Negotiable Instruments Act. Therefore, the complaint cannot be rejected on the ground of limitiation.

5. Taking note of the fact that the point of limitation raised by the petitioner is answered through the order of the Hon'ble Supreme Court granting morotorium during the Covid period, the petition to quash stands dismissed. Consequently, the connected miscellaneous petitions are closed. 03.09.2024 Vv To

1. The Judicial Magistrate(Fast Track Court-II), Erode

2.The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN,J.

Vv and Crl.MP.Nos.7305 and 7306 of 2024

03.09.2024