Limitation for Section 138 complaints allows filing on the next working day when the last day falls on a court holiday

A complaint under Section 138 of the Negotiable Instruments Act was treated as within limitation because the statutory notice was issued in time, the drawer did not pay within fifteen days, and the complaint was filed by excluding the day the cause of action arose. Since the one-month filing period expired on a day when the court was closed, filing on the next working day was permissible under the Limitation Act, 1963. The record also showed that the original legal notice was before the court and the Magistrate had issued summons on pre-summoning affidavit evidence. No illegality was found in the summoning or revisional orders, and interference under Section 482 CrPC was declined.

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Issues: Whether the complaint under Section 138 of the Negotiable Instruments Act, 1881 was within limitation and whether the summoning order and revisional order suffered from illegality warranting interference under Section 482 of the Code of Criminal Procedure, 1973.

Analysis: The complaint was filed after the cheque was dishonoured, the statutory notice was issued within the prescribed time, and the drawer failed to pay within fifteen days. In computing limitation for the complaint, the day on which the cause of action arose was excluded, and the next period was calculated in accordance with settled principles. Since the one-month period expired on a day when the Court was closed, filing on the next working day was held to be permissible under the Limitation Act, 1963. The original legal notice was found to be part of the lower court record, and the Magistrate had issued summons after being satisfied on the basis of pre-summoning affidavit evidence under the Act.

Conclusion: The complaint was held to be within limitation, and no illegality was found in the summoning order or the revisional order. Interference under inherent jurisdiction was declined.

Final Conclusion: The petition was found to be devoid of merit, and the criminal process against the petitioner was left undisturbed.

Ratio Decidendi: Where the statutory period for filing a complaint under Section 138 of the Negotiable Instruments Act expires on a day when the Court is closed, filing on the next working day is permissible, and such a complaint cannot be treated as time-barred.

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