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10. In order to substantiate the contention, the complainant got examined himself as Pw1 and got marked in 6 documents as ExP1 to Ex.P6. If the documents produced by the complainant are perused, ExP1 to 6 are the cheques which bears the signature of accused. It is deposed by Pw1 that cheque in question was issued by the accused for discharge of liability. The cheque in question was presented by the complainant through his banker which was returned with memo as per ExP.2 stating 'Drawers Signature differs' on 08.11.2021. Hence, he got issued legal notice to the accused through RPAD, which is produced at Ex.P.3. Postal receipt at Ex.P.4, postal track consignment at Ex.P5 and postal acknowledgment at Ex.P6.

38. The learned counsel for the accused has vehemently submitted that the complainant lodged by the complainant is barred by limitation. It is submitted that in the Ex.P5 i.e., postal track consignment the date of service of notice is mentioned as 06-12-2021 but in the complaint the complainant has stated that notice is served to the accused on 08-12-2021 which is contrary to the materials available on record. According to the learned counsel the limitation begins to run from 21-12- 2021 and the complainant ought to have filed the complaint on or before 20-01-2022 i.e., within 30 days. Hence, complaint is barred by limitation.

39. Per contra, it is vehemently submitted by the learned counsel for complainant that as per track consignment dated 04-01-2022, the legal notice booked and posted on 04-12-2021 at about 11.57.34 and same was delivered on 06-12-2021 at about 14.45.17 and it is after two days of booking of the notice, it was served to the accused on 06-12-2021. The address of the accused is 300 kilo meter away from Bangalore city and that when notice reached the accused after two days it is to be presumed that the said acknowledgment returned to the complainant after two days ie., 08-12-2021 and it is on 08-12-2021 it came to the knowledge of the complainant about the return of the notice. Hence, the period of limitation starts from the date of knowledge of the service of notice. Hence, the complaint filed by the complainant is well within the period of limitation.

(c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheue, within fifteen days of the receipt of the said notice.

41. If the provision of law referred above and the date of issuance of notice, the postal acknowledgment and track consignment is carefully perused, it can be said that the complainant has filed the complaint within 45 days from the date of receiving the acknowledgment. Hence, it can be said that the complaint filed by the complainant is within time and it is not barred by limitation.