PANKAJ BHANDARI,J. - (1.) Petitioner has preferred this misc. petition aggrieved by order dated 28.06.2016 passed by the Additional Sessions Judge, Kishangarh, whereby the revision petition filed by the petitioner assailing the order dated 26.04.2016 passed by the Additional Chief Judicial Magistrate No.1, Kishangarh was dismissed.
(2.) The factual matrix of the case are that the accused-petitioner moved an application before the trial Court for dropping the proceedings on the ground that the complaint earlier presented the cheque and on dishonour gave a fax message to the petitioner. The ground urged in the application was that after giving of notice, the complaint is not entitled to re-lodge the cheque and the presentation of the complaint was beyond limitation.
(3.) It is contended by the counsel for the petitioner that the cheque in question was earlier presented in the bank and a notice was given, therefore, presenting the cheque for the second time and giving a fresh notice would not extend the period of limitation. It is also contended that the cheque in question was of bank of Rajasthan Ltd. and after merger with ICICI Bank, the cheque could not have been presented in bank.;