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2. The learned Magistrate without issuing notice to the 1st respondent, dismissed the complaint stating that the complaint is barred by limitation. Hence, this revision.
3. Heard
4. This Court perused the impugned order and also the lower court records. The relevant portion of the order, by which the complaint is dismissed under Sec.203 of the Cr.P.C. is extracted hereunder :
"4. The reason for dishonour of cheque in this case is instrument out dated/stale, which will not attract offence under Section 138 NI Act. Learned Counsel for the complaint argued that the cheque was presented for encashment on 20.05.2023 and the Bank committed an error in dishonouring the cheque as outdated/stale. According to him, the cheque was presented within the validity period. Since the learned Counsel took such a strong plea, an inquiry was conducted. The Manager of the Kerala Gramin Bank, Bharanikkav Branch was examined and she deposed that the cheque was presented at her branch on 20.05.2023. Since the Bharanikkav Branch has no CTS facility, it 2025:KER:54717 was handed over to Kottarakkara Branch on that date itself. The manager of the drawee bank, Canara Bank, Thondayadu branch, is also examined and he deposed that the cheque was dishonoured on 13.06.2023 for insufficiency of funds and thereafter it was not seen presented again. The learned counsel for the complainant relied on the decision of the Honourable Supreme Court reported as Rameshchandra Ambalal Joshi v. State of Gujarat (2014 (2) KLT 203 (SC) to buttress his contention that the cheque in question was presented within the period of validity. In that case, the date of drawal of cheque was 31.12.2005 and the date of presentation of cheque was 30.06.2006 The Honourable Supreme Court held that the date on which the cheque was drawn ie 31.12.2005 will be excluded and the period of six months will be reckoned from the next day ie 01.01.2006 and the period of six months will expire at the end of the 30th day of June, 2006. The Honourable Supreme Court held that the use of the word 'from" in S.138 (a) requires exclusion of the first day on which the cheque was drawn and inclusion of the last day within which such act needs to be done.