Siddhartha Chattopadhyay, J. - (1.) This appeal emanates from the judgement dated 20.7.2016 passed by the learned Judicial Magistrate, 1st Class, 2nd Court, Port Blair in Complaint Case No.60 of 2014. The learned Trial Court has been pleased to dismiss the complaint case only on the ground that the case is barred by limitation. Doubting the correctness of the finding, the appellant has preferred this appeal.
(2.) The brief facts needed for disposal of this appeal are as under:- The complainant/appellant had accommodated a loan of Rs.9 lacs to the accused/respondent and the accused promised to pay him the said amount within a period of one year. After the completion of one year, the complainant had been requesting the accused/respondent for payment of dues of said 9 lacs. In the month of April, 2013, the accused had issued one cheque bearing No.560324 dated 25.3.2014 for an amount of Rs.7 lacs. The accused had assured the complainant that the said cheque would be honoured, if presented in the Bank. On 20th March, 2014 the complainant had presented the said cheque but the cheque was dishonoured for the reason "funds insufficient". The said cheque return memo. was received by the complainant on 19.3.2014 along with the said cheque. Thereafter, on 09.4.2014 he had sent a legal notice to the accused/respondent under Section 138 of NI Act intimating him about the dishonour of cheque and requested him to make payment of said amount within a period of 15 days from the date of receipt of the said notice. The complainant after 15 days made an enquiry through the postal authorities and came to learn that the said notice had been received by the accused/respondent on 16.4.2014. But he failed to make payment within 15 days thereof. Therefore, the accused was supposed to pay the dues by 1st May, 2014 i.e. to say within 15 days from the date of receipt of the notice. Naturally, as per law the said complaint case ought to have been filed on or before 30 May, 2014 but as the Court was on Summer Vacation so he could not file the same by that day. 31st May and 1st June were holidays being Saturday & Sunday and so it was supposed to be filed on 02.6.2014.
(3.) Learned Chief Judicial Magistrate had taken cognizance of the same and transferred the case to the Judicial Magistrate, 2nd Court, for disposal. The fact remains, that the said complaint was presented before the Court for the 1st time on 3rd June, 2014.;