Sandeep Mehta, J. - (1.)The instant revision has been filed by the petitioner challenging the order dated 22.1.2010 passed by learned District Judge, Merta City in revision whereby he has quashed the order dated 18.2.2008 passed by learned ACJM, Merta in complaint No. 27 of 2008 taking cognizance against the respondent No. 2 for the offence under Sec. 11 NI Act.
(2.)The issue involved in the matter as to whether the Magistrate is competent to entertain a complaint, which is filed prematurely. The facts relevant for the disposal of the petition are that the respondent No. 2 issued a cheque of Rs. 6 lakhs to the petitioner-firm. The cheque was dishonoured on 17.5.2007. The registered notice was issued to the respondent No. 2 on 1.6.2007 and was served upon him on 16.7.2007. The petitioner herein is a Firm now represented by the legal representatives of the proprietor, who is expired subsequent to the filing of the present revision. The complaint was filed on 28.7.2007 on behalf of the petitioner-firm.
(3.)The learned Trial Court took cognizance of the complaint on 18.2.2008. The respondent No. 2 challenged the order taking cognizance by filing a revision and the revisional Court accepted the revision & set aside the cognizance order holding that the complaint was premature because the same was filed prior to the lapse of the period of fifteen days' from the receipt of the notice and therefore, the cognizance was illegal as having being taken on a premature complaint. The order of revisional Court now has been challenged by the complainant by way of the instant petition.