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Judgment
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) by the petitioner/accused to quash the STC NI No.3350 of 2021 on the file of VIII Metropolitan Magistrate at Hyderabad. The offences alleged against the petitioner are under Sections 138 and 142 of the Negotiable Instruments Act, 1881.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent – State. Perused the record.
The main ground on which the petitioner is seeking quashing of the proceedings against him in the complaint is that the complaint is barred by limitation and no application was made under Section 142(b) of the Negotiable Instruments Act. Counsel argued that during pandemic period, the Honourable Supreme Court extended the limitation period in all cases up to 02.10.2021. In the present case, the cheques were dishonoured by the Bank on 23.03.2021 and the notice was served on the petitioner/accused on 15.04.2021. However, the complaint was filed on 27.12.2021.
When the limitation was extended by the Honourable Supreme Court in Miscellaneous Application No.665/2021 in SMW(c) No.3/2020 till 02.10.2021, complaint had to be filed within 30 days from 02.10.2021 and the time was barred by 02.11.2021. For the reason of the Court taking cognizance beyond the time period of limitation without there being any application of 142 (b) of the Negotiable Instruments Act giving reasons seeking indulgence of the Court to condone delay, the cognizance taken by the learned Magistrate beyond period of limitation is bad in law and the proceedings are liable to be quashed.
As seen from the orders, the Honourable Supreme Court by order dated 10.01.2022 in Miscellaneous Application Nos.21 and 29 of 2022, extended the period of limitation till 28.02.2022. In the said circumstances, the complaint is well within the time, as such, the ground of limitation is not sustainable.
The petitioner had taken several other grounds regarding the debt and outstanding. All the said aspects can only be agitated before the concerned trial Court. When the initial burden is discharged by the complainant, presumption arises after issuance of cheque under Section 139 of the Negotiable Instruments Act.
In the said circumstances, the accused has to undergo the trial to prove his defence and the same cannot be considered and quash the proceedings.
Accordingly, there are no grounds and the Criminal Petition is dismissed. In the event of the petitioner/accused filing an application under Section 205 of the Cr.P.C. to be represented by a counsel, the same shall be considered by the trial Court without hindrance to the trial.
Miscellaneous applications pending, if any, shall stand closed.