Order
1. Despite grant of last opportunity, the counter-affidavit has not been filed by the respondent.
2. We have heard the learned counsel for the parties.
3. Leave granted.
4. The appellant filed a complaint against the respondent under Section 138 of the Negotiable Instruments Act, 1881. On a petition filed by the respondent under Section 482 of the Code of Criminal Procedure, 1973 (for short “the Code”), the High Court, by the impugned judgment and order, has quashed the proceedings in CC No. 421 of 2002 arising out of the aforesaid complaint. The only ground on which the proceedings have been quashed is that the complaint was not filed within the stipulated period upon the dishonour of the cheque on the first occasion. For more than one reason, the impugned judgment and order deserves to be reversed. Firstly, no such ground seems to have been taken by the respondent in the petition filed under Section 482 of the Code; and secondly, according to the appellant, the statutory notice of dishonour of the cheque was given only once i.e the notice dated 5-11-2002, whereafter the complaint was filed within the period stipulated in law. Neither in these proceedings nor in the petition filed under Section 482 of the Code any ground has been raised in support of the prayer for quashing the proceedings. Be that as it may, if any defence on facts has to be raised, it could not be made a ground for quashing the proceedings, being a disputed question of fact.
5. For the aforesaid reasons, we set aside the impugned judgment and order of the High Court, allow the criminal appeal and direct that the complaint shall proceed in accordance with law.