TaxTMI 
TaxTMI 
TaxTMI 
2019 (7) TMI 1919
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....eal. 2. I have heard the learned counsel for the petitioner/accused. The learned counsel for the respondent remained absent. 3. The facts of the case of the complainant before the Court below is that the complainant is dealing with sale of goods namely Phthalic Anhydride and in pursuant to orders placed by the accused from time to time the complainant has sold and supplied the LABSA to accused. Towards the value of supplied by complainant, he issued the invoice dated 23.10.2010 bearing No. 30883 for Rs. 7,14,357/-. Towards payment of outstanding amount due, the accused had issued cheque bearing No. 205585 for a sum of Rs. 7,14,357/- dated 9.11.2010 drawn on Karnataka Bank Limited, Kolar. When the complainant presented the said cheque for ....
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....accused is that the complaint is filed beyond the period of limitation as contemplated under the law. It is his further submission that there is a provision under Section 142 of the N.I. Act for condonation of delay if any delay has been caused. No such application has been filed. On these grounds, he prayed to allow the petition and to dismiss the complaint filed by the complainant. 6. Respondent and his counsel remained absent. 7. Though the case was called at about 12.30 p.m. in the morning and subsequently it is taken up at 2.45 p.m. for hearing, there is no representation. 8. The main contention of the learned counsel for the petitioner/accused is that the complaint is barred by time. For the purpose of brevity I quote, Section 138 ....
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.... the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice. 9. As per Section 138 of the N.I. Act, cheque has to be issued by the holder of account for payment of money to another person for discharge of debt or liability, such cheque returned unpaid for the reasons stated therein. As per the proviso, such cheque has to be presented to the bank within a period of six months or within the period of its validity whichever is earlier. 10. As per the proviso (b), the holder in due course of the cheque, as the case may be, must make a demand for payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, with....
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....the Court may take cognizance of the complaint and issue the summons to the accused. But in the said proviso it has given power to the Court that the cognizance of the complaint may be taken by the Court after the prescribed period of limitation, if the complainant satisfies the Court that he had sufficient cause for not making a complaint within a period of thirty days from the said cause of action. 13. When the law itself contemplates 15 days time to pay the amount after service of notice and if the drawer fails to make the payment of the amount to the drawee within 15 days of the receipt of the notice, then under such circumstances the cause of action arises and then within one month a complaint has to be filed. Though under Section 142....