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Counsel submitted that there is no justification to exclude the 16th day of the 15 day period under Section 138(c) or the first day of the 30 days period under Section 142(b) as has been wrongly decided in Saketh. It bestows discretion upon the court to accept a complaint after the period of 30 days and to condone the delay.This would amount to exclusion of the starting date of the period. Counsel pointed out that by Amending Act 55 of 2002, a proviso was added to Section 142(b) of the N. This amendment signifies that prior to this amendment the courts had no discretion to condone the delay or exclude time by resorting to Section 5 of the Limitation Act.The accused gave some post-dated Cheques in repayment thereof.Two of the said Cheques when presented on 3/5/1996 for encashment were dishonoured with the remark “no sufficient funds”.The accused, therefore, filed petition under Section 482 of the Code of Criminal Procedure, 1973 (“the Code”) for quashing the process issued by the learned Magistrate. This Court observed that this principle is also incorporated in Section 9 of the General Clauses Act, 1897. Section 138(c) uses the words ‘within 15 days of the receipt of notice’.This Court further observed that there is no reason for not adopting the rule enunciated in Haru Das Gupta, which is consistently followed and which is adopted in the General Clauses Act and the Limitation Act. Using two different words ‘from’ and ‘of’ in the same Section at different places clarifies the intention of the legislature to convey different meanings by the said words.

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Thus, it was held that since the fax was received on 11/6/1996, the period of 15 days for making payment expired on 26/6/1996.

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 High Court’s view is that the sender of the notice must know the date when it was received by the sendee, for otherwise he would not be in a position to count the period in order to ascertain the date when cause of action has arisen. In that case, the plaintiffs met with an accident at 5.45 p.m. He was run into by the defendant driving a motor car.

The fallacy of the above reasoning is that it erases the starting date of the period of 15 days envisaged in clause (c). The rule is now well established that where a particular time is given, from a certain date, within which an act is to be done, the day of the date is to be excluded.” [1963] 1 All E. He issued his writ in this action claiming damages for personal injuries.