- (1.) By this criminal misc. petition under Section 482, Cr. P. C., a challenge is made to the order passed by the Revisional Court dated 21.07.2014, so as the order dated 01.02.2008 passed by the learned Judicial Magistrate condoning the delay in maintaining complaint under Section 138 of Negotiable Instruments Act (for short "NI Act", and also the order dated 17.12.2013.
(2.) It is stated that the complaint filed by the non-petitioner was barred by limitation, thus the Court below should have dismissed it. The court below even failed to consider that notice cannot be given twice to make out a case under Section 138 of NI Act. A reference of the judgment of the Apex Court in the case of Tameeshwar Vaishnav v. Ramvishal Gupta, 2010 AIR(SC) 1209 , is given.
(3.) It is further stated that the cheque was not issued by the petitioner, thus it does not contain his signature. Even the bank account, for which the cheque was issued, does not belong to the petitioner. In the background aforesaid also, the complaint deserves to be quashed.;