Case Note & Summary
The petitioner, Kartik Harshad Jhaveri, proprietor of Care Comp Computer Solutions, filed three writ petitions under Article 227 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging a judgment and order dated 12 August 2025 passed by the learned Additional Sessions Judge in Criminal Revision Application Nos. 102, 103 and 104 of 2024. The revisional court had dismissed the petitioner's revision applications against an order dated 8 February 2024 passed by the learned Magistrate, which had refused to dismiss the complaints filed by the respondent-complainant, Charanjit Arora, proprietor of Esource Global, under Section 138 of the Negotiable Instruments Act, 1881, on the ground of limitation. The background facts reveal that the respondent-complainant lodged three complaints for dishonour of cheques on 10th of an unspecified month. The petitioner-accused filed applications before the magistrate seeking dismissal of the complaints on the ground that they were barred by limitation. The magistrate dismissed those applications, and the revisional court upheld that order. The petitioner then approached the High Court. The core legal issue was whether the complaints were filed within the period of limitation prescribed under Section 142(1)(b) of the N.I. Act, which requires that a complaint be made within one month of the date on which the cause of action arises. The cause of action under Section 138 arises when the drawer fails to pay the amount within 15 days of receipt of the notice of demand. The petitioner argued that the complaints were filed beyond one month from the date of dishonour, but the court held that the limitation period commences from the date of receipt of the notice by the accused, not from the date of dishonour. The court found that the complaints were filed within one month from the date of receipt of notice, and thus were within limitation. The court also noted that the revisional court had correctly applied the law and that there was no perversity in the concurrent findings of fact. Consequently, the High Court dismissed all three writ petitions, upholding the orders of the magistrate and the revisional court.
Headnote
A) Criminal Procedure - Limitation - Section 138 Negotiable Instruments Act, 1881 - Period of limitation for filing complaint - The period of limitation of one month under Section 142(1)(b) of the N.I. Act commences from the date of receipt of the notice of demand by the accused, not from the date of dishonour of cheque. The court held that the complaints were filed within limitation as the cause of action arose on the expiry of 15 days from the date of receipt of notice. (Paras 2-10)
B) Criminal Procedure - Revision - Article 227 of Constitution of India - Scope of interference - The High Court under Article 227 will not interfere with concurrent findings of fact unless there is perversity or error of law apparent on record. The revisional court's order dismissing the revision applications was upheld as the magistrate's finding on limitation was based on evidence. (Paras 11-15)
Issue of Consideration
Whether the complaints under Section 138 of the Negotiable Instruments Act, 1881 were barred by limitation, and whether the revisional court erred in dismissing the revision applications against the magistrate's order refusing to dismiss the complaints on limitation ground.
Final Decision
All three writ petitions are dismissed. The judgment and order dated 12 August 2025 passed by the learned Additional Sessions Judge in Criminal Revision Application Nos. 102, 103 and 104 of 2024 are upheld. Rule discharged.
Law Points
- Limitation for filing complaint under Section 138 of Negotiable Instruments Act
- 1881 commences from date of receipt of notice of demand
- not from date of dishonour
- Period of limitation for Section 138 complaint is one month from date of cause of action
- Cause of action under Section 138 arises on failure to pay within 15 days of receipt of notice
- Revisional court's concurrent findings of fact not to be interfered with under Article 227 unless perverse
Case Details
2025 LawText (BOM) (12) 361
Writ Petition No. 5735 of 2025, Writ Petition No. 5646 of 2025, Writ Petition No. 5644 of 2025
Mr. Ashok Shetty, with Karishma Jhaveri, i/b Navdeep Vora & Associates, for the Petitioner in all Petitions. Mr. Bhagwan Mishra, for Respondent No.1 in all Petitions. Smt. R.S. Tendulkar, APP, for the Respondent No.2-State in all Petitions.
Charanjit Arora, The State of Maharashtra
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Nature of Litigation
Criminal writ petitions under Article 227 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the revisional court's order dismissing revision applications against the magistrate's order refusing to dismiss complaints under Section 138 of the Negotiable Instruments Act, 1881 on limitation ground.
Remedy Sought
The petitioner sought quashing of the revisional court's order and dismissal of the complaints on the ground of limitation.
Filing Reason
The petitioner claimed that the complaints under Section 138 of the N.I. Act were barred by limitation as they were filed beyond one month from the date of dishonour of cheques.
Previous Decisions
The learned Magistrate by order dated 8 February 2024 dismissed the petitioner's applications for dismissal of complaints on limitation ground. The learned Additional Sessions Judge by judgment and order dated 12 August 2025 dismissed the revision applications preferred by the petitioner.
Issues
Whether the complaints under Section 138 of the Negotiable Instruments Act, 1881 were barred by limitation?
Whether the revisional court erred in dismissing the revision applications against the magistrate's order refusing to dismiss the complaints on limitation ground?
Submissions/Arguments
The petitioner argued that the complaints were filed beyond the period of one month from the date of dishonour of cheques and thus were barred by limitation under Section 142(1)(b) of the N.I. Act.
The respondent-complainant contended that the limitation period commences from the date of receipt of notice of demand, and the complaints were filed within one month from that date.
Ratio Decidendi
The period of limitation for filing a complaint under Section 138 of the Negotiable Instruments Act, 1881 commences from the date of receipt of the notice of demand by the accused, not from the date of dishonour of the cheque. The cause of action arises on the failure to pay within 15 days of receipt of notice, and the complaint must be filed within one month thereafter.
Judgment Excerpts
These Petitions under Article 227 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, assail the legality, propriety and correctness of the judgment and order dated 12th August 2025 passed by the learned Additional Sessions Judge in Criminal Revision Application Nos. 102, 103 and 104 of 2024, whereby the Revision Applications preferred by the Petitioner-Accused in the complaints for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, against an order dated 8th February 2024 passed by the learned Magistrate thereby dismissing the Applications for dismissal of the complaints on the ground of bar of limitation, came to be dismissed.
Procedural History
The respondent-complainant filed three complaints under Section 138 of the Negotiable Instruments Act, 1881 on 10th of an unspecified month. The petitioner-accused filed applications before the learned Magistrate seeking dismissal of the complaints on limitation ground. The Magistrate by order dated 8 February 2024 dismissed those applications. The petitioner preferred Criminal Revision Application Nos. 102, 103 and 104 of 2024 before the learned Additional Sessions Judge, who by judgment and order dated 12 August 2025 dismissed the revision applications. The petitioner then filed the present writ petitions under Article 227 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Acts & Sections
- Negotiable Instruments Act, 1881: 138, 142(1)(b)
- Bharatiya Nagarik Suraksha Sanhita, 2023: 528
- Constitution of India: 227
