ORDER
B.P. Das, J.
1. Heard learned Counsel for the petitioner as well as learned Counsel for the opposite parties.
2. This application has been filed with a prayer to quash the order of cognizance taken in I.C.C. No. 62 of 2001 for the offences under Section 138 of the N.I. Act.
3. The aforesaid order is challenged on the ground that though the cheque was issued on 1.6.1999 and the same was dishonoured on 2.6.1999 and the Pleader’s notice was issued on 3.2.2001 which was received by the petitioner on 5.2.2001 and the case was registered on 20.2.2001.
4. According to the learned Counsel for the petitioner this case was filed beyond the period of limitation stipulated under Section 138 read with Section 142 of the N.I. Act. On perusal of the complaint petition which discloses that the cheque in question was issued on 1.6.1999 and the said cheque was presented and which was returned back to the complainant with an endorsement of insufficiency of fund on 2.6.1999.
5. Section 138(b) of the N.I. Act postulates as follows :
“Provided that nothing contained in this section shall apply unless-
(a) xxx xxx xxx
(b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice, in writing, to the drawer of the cheque, within fifteen days of the receipt of information by him from the Bank regarding the return of the cheque as unpaid, and….”
6. On perusal of the complaint petition as well as hearing of the learned Counsel for the petitioner and looking into the factual aspect borne on record, the order of taking cognizance dated 6.4.2001 passed by the learned S.D.J.M. (S), Cuttack in I.C.C. No. 62 of 2001 is quashed as there is non-compliance of Section 138(b) of the N.I. Act.
7. The Criminal Misc. Case is accordingly allowed.
8. Urgent certified copy of this order be granted as per rules.