- (1.) Revision is directed against the summoning order dated 5 March 2016, in proceedings under Section 138 Negotiable Instrument Act 1881 (in brief NI Act), P.S. Line Bazar, District Jaunpur passed in Complaint Case No. 264 of 2015 (Vinod Kumar Tiwari Vs. Abhishek Kumar).
(2.) The facts briefly stated is that the complainant-opposite party no.2 filed a complaint on 14.5.2015 against the applicant-revisionist contending that two cheques dated 29.9.2014 and 13.10.2014 respectively, were returned by the Bank on 7.4.2015 for insufficient funds. On same date notice by registered post was sent, the applicant did not pay the dues, thereafter, the present complaint was instituted.
(3.) It is sought to be urged that there was no cause of action for filing the complaint for the reason that the complaint was premature as it was filed within 15 days from the date of notice dated 7.4.2015, the date of receipt of the notice was not mentioned in the complaint, therefore, in terms of section 27 General Clauses Act, 1897, there would be a presumption that the notice would be served within 30 days, therefore, the cause for filing the complaint would have arisen on 22.5.2015 i.e. after a lapse of 45 days, further, the cheques were presented beyond their statutory valid period, i.e cheques dated 29.9.2014 and 31.10.2014 were presented on 7.4.2015, the validity period would be upto 29.12.2014 (three months) as per notification of Reserve Bank of India dated 1 April 2004.;