Case Note & Summary
The petitioners, who are officials of the State Bank of India (formerly State Bank of Mysore), filed a Criminal Revision Petition under Section 397 read with 401 of the Code of Criminal Procedure, 1973, challenging the order dated 29.11.2018 passed by the LXV Additional City Civil and Sessions Judge, Bengaluru, in C.C. No. 501/2016. The trial court had taken cognizance of the offence under Section 138 of the Negotiable Instruments Act, 1881 against the petitioners. The respondents, who are the complainants, had filed a complaint alleging that a cheque issued by the petitioners was dishonoured. The petitioners contended that the complaint was barred by limitation as it was filed beyond the period prescribed under Section 142(b) of the N.I. Act. The court examined the dates: the cheque was presented on 04.12.2015, returned unpaid on 05.12.2015, notice was issued on 11.12.2015, and received by the petitioners on 18.12.2015. The complaint was filed on 16.01.2016. The court held that the limitation period under Section 142(b) of the N.I. Act is one month from the date of receipt of notice, and since the complaint was filed within one month from 18.12.2015, it was within time. The court also noted that the trial court had correctly applied the law and dismissed the revision petition, confirming the order taking cognizance.
Headnote
A) Criminal Law - Negotiable Instruments Act, 1881 - Section 138 - Limitation - Complaint filed within one month from the date of receipt of notice - Computation of limitation under Section 142(b) of the Negotiable Instruments Act, 1881 - The court held that the limitation period for filing a complaint under Section 138 of the N.I. Act is one month from the date on which the cause of action arises, i.e., the date of receipt of notice by the drawer. In the present case, the notice was received on 18.12.2015, and the complaint was filed on 16.01.2016, which is within one month. Therefore, the complaint is not barred by limitation. (Paras 6-10) B) Criminal Procedure Code, 1973 - Section 468 - Limitation for taking cognizance - The court observed that Section 468 Cr.P.C. provides for limitation for taking cognizance of certain offences, but the specific provision under Section 142(b) of the N.I. Act overrides the general provision. The complaint was filed within the period prescribed under Section 142(b) of the N.I. Act. (Para 9)
Issue of Consideration
Whether the complaint filed under Section 138 of the Negotiable Instruments Act, 1881 was barred by limitation?
Final Decision
The High Court dismissed the criminal revision petition and confirmed the order dated 29.11.2018 passed by the LXV Additional City Civil and Sessions Judge, Bengaluru, in C.C. No. 501/2016, taking cognizance of the offence under Section 138 of the Negotiable Instruments Act, 1881.
Law Points
- Limitation period for filing complaint under Section 138 of Negotiable Instruments Act
- 1881
- Computation of limitation from date of receipt of notice
- Section 142(b) of Negotiable Instruments Act
- Section 468 Cr.P.C.
- Section 469 Cr.P.C.
