M/S. GLOBAL CORROSION Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. RP Sharma, learned Senior Counsel for the petitioner and Mr. BB Gogoi, learned Addl.Public Prosecutor for the State respondent No.1. Also heard Mr. GN Sahewalla, learned Senior counsel for the respondent Nos. 2 and 3.

(2.) The case of the petitioner accused proprietorship firm in brief is that the respondents No. 2 and 3, the proprietorship firm and proprietor of the aforesaid firm respectively, filed a complaint case being CR (NI) Case No.67/2018, on 5/10/2018, in the Court of learned CJM at Sivasagar, under Sec. 138 of the Negotiable Instrument Act, 1881 ( 'NI Act ' for short) alleging that the petitioner firm issued a cheque in favor of the respondent No.2 for an amount of Rs.1,49,832.00 vide Cheque No.855737, dtd. 21/6/2018, from the account No.50140588340 of Allahabad Bank, Sivasagar Branch, towards payment of the aforesaid total outstanding sum on account of a legally enforceable debt for supply of certain materials. The said cheque was presented at the State Bank of India, ONGC Colony Branch, Sivasagar by the respondent/ complainant, but the said cheque was dishonored due to insufficient fund. On request of the petitioner accused, the respondents No.2 and 3/ complainant waited for sometime enabling him to credit the amount, but the amount was not credited. This followed issuance of notice of dishonor of cheque under Sec. 138 (b) of the NI Act to the drawer petitioner firm, but failed to make payment of the cheque amount. The petitioner accused firm contested the proceeding by filing a written objection under Sec. 143A of the NI Act.

(3.) In the written objection, the petitioner accused raised, inter-alia , the issue that the case was barred by limitation. In the instant petition, the petitioner accused firm has sought for quashing of the impugned entire proceeding primarily on the ground of limitation.