ORDER

Heard on admission.

This present criminal revision is filed under Section 397 read with Section 401 of the Cr.P.C. being aggrieved by order dated 24/11/2021, passed by learned III Additional Sessions Judge, Shujalpur, District-Shajapur(M.P.) in Criminal Appeal No.18/2019 confirming the Judgment dated 07/03/2019, passed by learned Judicial Magistrate First Class, Shujalpur, District - Shajapur(M.P.) in SCNIA No.1409/2012 whereby petitioner has been convicted under section 138 of Negotiable Instruments Act and sentenced to undergo one year R.I.

including cheque amount of Rs.9,00,000/-.

Learned counsel for the petitioner submits that the learned Appellate Court has failed to consider that the respondent has got knowledge of notice given by the petitioner on 01/08/2012. There is no suggestion give by the respondent to the petitioner that the complaint was premature. In appeal also, no ground has been taken regarding it. The learned Appellate Court has erred in holding that the said complaint was premature. As per Exhibit - P/5, notice has been duly served on respondent on 01/08/20212 and complaint was filed on 21/08/2012 so it was within time. However, he prays that this cri