R.P. Nagrath, J. - (1.) THIS petition has been filed under Section 482 Cr.P.C. for quashing of Complaint No. 54201/2011 dated 13.10.2011 (Annexure P -1) for offence Section 138 read with Sections 139, 141, 142 of the Negotiable Instruments Act, 1881 (for short 'the Act') as amended by the Banking Public Financial Institution Laws (Amendment) Act, 1988 read with Section 420 IPC and the summoning order dated 15.10.2011 (Annexure P -2).
(2.) RESPONDENT No. 2 filed criminal complaint Annexure P -1 for dishonour of cheque dated 10.8.2011 amounting to Rs. 25,70,831/ - issued in favour respondent No. 2 by petitioners allegedly for the discharge of liability. The cheque was dishonoured vide Memo dated 11.8.2011 (Annexure P -6) with the remarks 'account is dormant'. It was stated in the complaint that notice dated 30.8.2011 (Annexure P -4) was served calling upon the petitioners to pay the cheque amount within a period of 15 days. Despite the expiry of 15 days period, the cheque amount was not paid and consequently the complaint was presented before the Magistrate on 13.10.2011. Learned Judicial Magistrate issued the process against the accused finding sufficient grounds to proceed against them for offence under Section 138 of the Act. It was stated that in fact notice dated 16.8.2011 (Annexure P -3) was served upon the petitioners after dishonour of the cheque and the same was received by petitioners on 19.8.2011. The period of 15 days expired on 02.09.2011 and therefore, the complaint could be filed before 02.10.2011.
(3.) LEARNED counsel for the petitioners vehemently contended that as per clause (b) of proviso to Section 142 of the Act, cognizance of the complaint could not be taken after expiry of one month period from the date on which cause of action arises under clause (c) of Section 138 of the Act, which provides as under: - the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice.;