There was no dispute about the fact that notice sent by fax was received by the complainant on the same date i.e. This Court observed that as per clause (c) of Section 138, starting point of period for making payment is the date of receipt of the notice.Once it starts, the offence is completed on failure to pay the amount within 15 days therefrom.The accused gave some post-dated Cheques in repayment thereof.
Orders of the Hon’ble the Chief Justice may be obtained for placing this matter before a larger Bench.” “Whether the complaint filed under Section 138 of the NI Act is within or beyond time as it was contended that it was not filed within one month from the date on which the cause of action arose under clause (c) of the proviso to Section 138 of the NI Act? We will have to therefore re-examine it for the purpose of answering the reference. Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid. The cause of action, therefore, arose on 15/10/1995.has recently answered a reference whether for calculating the period of one month which is prescribed under Section 142(b) of the Negotiable Instruments Act, the period has to be reckoned by excluding the date on which the cause of action arose? While answering the reference, the Supreme Court held as under: “In our view, the judgment relied upon by the counsel for the appellant in the case of Saketh India Ltd. According to the accused, however, the date on which the cause of action arose i.e. (1972) 1 SCC 639 wherein it was held that the rule is well established that where a particular time is given from a certain date within which an act is to be done, the day on that date is to be excluded; the effect of defining the period from such a day until such a day within which an act is to be done is to exclude the first day and to include the last day. and another(2003) 4 SCC 305, DLF Qutab Enclave Complex Educational Charitable Trust v. Counsel pointed out that Section 138(a) provides a period of 6 months from the date on which the Cheque is drawn, as the period within which the Cheque is to be presented to the bank. But, before we turn to the facts, we must quote Section 138 and Section 142 of the N. The complaint filed on 15/11/1995 was, therefore, within time.Counsel submitted that in view of the above, it is evident that Saketh does not lay down the correct law.It is SIL Import USA which correctly analyses the provisions of law and lays down the law.