S.Jeyaraman v. K.Sunilkumar Jain

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 10.11.2023 Coram:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.25046 of 2023 C.C.No.767 of 2020 on the file of the Fast Track Court No.IV, Metropolitan Page No.1/6

Crl.O.P.No.25107 of 2023 C.C.No.769 of 2020 on the file of the Fast Track Court No.IV, Metropolitan Crl.O.P.No.24721 of 2023 C.C.No.770 of 2020 on the file of the Fast Track Court No.IV, Metropolitan Page No.2/6

Crl.O.P.No.24747 of 2023 C.C.No.768 of 2020 on the file of the Fast Track Court No.IV, Metropolitan C O M M O N O R D E R The petitioners herein seek quash of the private complaint initiated under Section 138 of N.I. Act on the ground that the complaint was filed beyond the period of limitation prescribed under the statute. Page No.3/6

2. According to the Learned Counsel for the petitioners, cognizance of the offence under Section 138 of N.I Act can be taken by the Judicial Magistrate under Section 142 of N.I. Act. If the complaint is made within one month from the date on which the cause of action arises under clause "c" of the proviso to Section 138 of N.I. Act. The said proviso to Section 138 of N.I Act refers causing notice to the drawer of the cheque and on failure to pay the amount within 15 days from the receipt of the said notice the cause of action will arise.

3. According to the petitioners, the complaint indicates that, the cheque dated 26.02.2020 was bounced and therefore, statutory notice was issued to the accused on 05.03.2020 which was received by the accused as found in the Postal Department endorsement dated 12.03.2022. Within period of one month, the complaint should have been filed. Whereas, the complaint was presented only on 08.09.2022, the period is covered under corona and therefore, the complaint has to be dismissed. Though, the contention raised by the petitioners prima faciely appears to be valid, but in the Suo Motu Writ Petition (Civil).No.3 of 2020 by the Hon'ble Supreme Court, which has granted moratorium for limitation including filing the complaint under Section 138 of N.I. Act, which saves the Page No.4/6

limitation in this case and therefore, on this ground the complaint cannot be quashed. Accordingly, the Criminal Original Petitions are dismissed. Consequently, connected Miscellaneous Petitions are closed. 10.11.2023 Index :Yes/No.

Internet :Yes/No.

Speaking Order/Non-Speaking Order bsm Copy to:-

1. The Fast Track Court No.IV, Metropolitan Magistrate, George Town, Chennai. Page No.5/6

DR.G.JAYACHANDRAN, J.

bsm 10.11.2023 Page No.6/6