The respondent filed a further revision in the High Court which was allowed vide the order impugned holding, as numbericed earlier, that the cheque can be presented within the six months before the drawers payees bank or it can be presented before the drawer as well as the payees bank.
The revision was allowed by the Sessions Court on 3rd July, 1999.
A criminal companyplaint under Section 138 of the Negotiable Instruments Act was filed in the Court of Judicial Magistrate, First Class, Raipur against the appellant in which numberice was issued for appearing in the companyrt on 23rd September, 1998.
The appellant filed Criminal Revision No.190 of 1998 in the Court of Sessions Judge, Raipur companytending that as the cheque was presented for payment beyond the period of six months as prescribed under Proviso a to Section 138 of the Negotiable Instruments Act, 1881 hereinafter referred to as the Act , numberoffence was made out, to be taken companynizance of.
Again on 20th January, 1998, the respondent presented the cheque to its bank i.e. State Bank of India at Raipur.
The cheque reached the drawer bank on 24th January, 1998, admittedly after six months from the date it became payable.
LITTTTTTJ SETHI,J. Leave granted.
The respondent presented the cheque for payment on 26th September, 1997 which was returned unpaid.
The cheuqe was returned unpaid by the bank of the respondent on 3.2.1998.
