Case Note & Summary
The appellant, Krishnakumar Vishwanathprasad Chaturvedi, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Mrs. Rekha Dilip Thakur, alleging dishonour of a cheque. The Judicial Magistrate, FC, 23rd Court and Special Court (for trial of cases under Section 138 of the NI Act) dismissed the complaint solely on the ground that it was barred by limitation. The appellant challenged this dismissal in the Bombay High Court. The undisputed facts were that the legal notice was sent by the complainant on 10.9.2004, making a demand for money under the dishonoured cheque within fifteen days of receipt of notice. The postal acknowledgment filed on record as Document No. 7 showed that below the accused's signature, the accused had not put the date of receipt, but the postal stamp on the acknowledgment mentioned the date '14.9.04' as to the delivery thereof to the complainant. The accused in her statement recorded under Section 313 CrPC admitted receipt of the notice but claimed she did not remember the date. The trial court dismissed the complaint as barred by limitation, presumably computing limitation from the date of dispatch of notice. The High Court held that the limitation period for filing a complaint under Section 138 of the NI Act runs from the date of receipt of the notice by the accused, not from the date of dispatch. Since the postal acknowledgment showed delivery on 14.9.2004, the complaint filed on 15.10.2004 was within one month from that date and thus within limitation. The court set aside the dismissal and remanded the matter for fresh decision on merits.
Headnote
A) Negotiable Instruments Act - Dishonour of Cheque - Limitation - Section 138, 142(b) - Complaint dismissed as barred by limitation - Legal notice sent on 10.9.2004, postal acknowledgment shows delivery on 14.9.2004 - Complaint filed on 15.10.2004 - Held that limitation runs from date of receipt of notice by accused, not from date of dispatch - Since notice was received on 14.9.2004, complaint filed on 15.10.2004 is within one month from date of receipt - Dismissal set aside (Paras 1-5).
Issue of Consideration
Whether the complaint under Section 138 of the Negotiable Instruments Act, 1881 was barred by limitation when the legal notice was sent on 10.9.2004 and the complaint was filed on 15.10.2004, considering the date of receipt of notice by the accused.
Final Decision
Appeal allowed. Impugned judgment and order dated 21.12.2005 set aside. Complaint restored to file for fresh decision on merits in accordance with law. Parties directed to appear before trial court on 22.3.2010.
Law Points
- Limitation for filing complaint under Section 138 NI Act runs from date of receipt of notice by accused
- date of receipt can be proved by postal acknowledgment or other evidence
- complaint filed within one month of deemed receipt is within limitation
