O.P.JAIN, J. - (1.) This is a revision against order dated 7/10/1998 (Annnexure-1) passed by IIIrd Addl. Chief Judicial Magistrate, Ghaziabad, who has rejected an application filed by the accused for recall of summoning order.
(2.) The brief facts of the case are that respondent No. 2 M/s. Tara Chand and Company filed a complaint against accused persons under S. 138 of Negotiable Instruments Act alleging that the accused issued a cheque on 30/05/1997 for a sum of rupees two lacs which was drawn on Punjab National Bank. Respondent No. 2 presented the cheque on 30/08/1997 to his Bank, Union Bank of India, but it was dishonoured by the Punjab National Bank on 1st of September, 1997. The complainant was informed of the dishonour of the cheque on 3/09/1997. On 10/09/1997 respondent No. 2 issued notices to revisionist No. 1 M/s Premier Vinyl Flooring Ltd. and its Officers, who are revisionists Nos. 2 to 5. In spite of notice dated 10/09/1997 the payment was not received by respondent No. 2 within 15 days of the notice and therefore, a complaint was filed by respondent No. 2 against the revisionists on 6-11-1997. The complaint is Annexure-II.
(3.) On this complaint being filed the learned Magistrate summoned the accused on 9/12/1997. The accused appeared before the Court and filed objection Annexure-IV and it was prayed that the summoning order may be recalled inter alia on the ground that the complaint dated 6/11/1997 was barred by limitation. According to accused persons, the notices were served on them on 13/09/1997 and the period of 15 days fixed for the payment expired on 29/09/1997. The complaint was required to be filed on or before 29/10/1997 but it has been filed on 6/11/1997 and therefore, it is barred by limitation.;