TaxTMI 
TaxTMI 
2017 (12) TMI 844
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....ere under learned Magistrate has issued summons against the petitioner and other accused persons after examining the representative of complainant under Section 138 of the Negotiable Instrument Act. Being aggrieved by and dis-satisfied with such order the petitioner has filed this revisional application on the ground that the petition of complaint is barred by the Law of Limitation in terms of the decision of the Hon'ble Supreme Court reported in 2015(1) Crimes 73 (SC) Shibgiri Associates and Ors. Vs. Mate so Mineral( India Pvt. Ltd.) and for non-compliance of the mandatory provision of law as contemplated under Section 202 of the Code of Criminal Procedure. The complainant company having its office at 153 Ground Floor, Lila House Okhla I....
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....half of the petitioners contended that such petition of complaint was returned for presentation on 9th September, 2014 but the same was filed before learned Additional Chief Judicial Magistrate, Bidhannagar on 3rd November, 2014 and accordingly, the petition of complaint is barred by Limitation in view of the decision of Shibgiri Associates and Ors.(Supra). Learned Advocate further contended that leaned Magistrate while issuing summons against the accused persons did not comply with Section 202 of the Code of Criminal Procedure and accordingly, the order of issuance of summons being contrary to the provisions of Section 202 of the Code of Criminal Procedure ought to be set aside in terms of the decision reported in (2014)14 SCC 638 (Vijay ....
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.... of complaint, the petition of complaint ought to be treated as time barred. Section 142-A has been incorporated in the Negotiable Instrument Act, 1881 on 15.06.2015. The aforesaid Section of Negotiable Instrument Act has been given retrospective effect stating inter-alia, as if that sub-Section had been in force at all material times. Secondly, it has been further provided that such cases transferred to the Court having jurisdiction notwithstanding anything contained in the Court of Criminal Procedure, 1973 or any judgment, decree, order or direction of any Court shall be deemed to have been transferred under the Negotiable Instrument Act. It is crystal clear from 142-A of Negotiable Instrument Act that the petition of complaint was in fa....