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Following the said rule in the facts before it, this Court excluded the date ‘15/10/1995’ on which the cause of action had arisen for counting the period of one month. We have heard learned counsel for the parties at some length. The word ‘from’ may be taken as implying exclusion of the date in question and may well be governed by the General Clauses Act, 1897.We have also carefully perused their written submissions. Prerna Mehta, learned counsel for the appellant submitted that Saketh lays down the correct law. Act is a special statute and it does not expressly bar the applicability of the Limitation Act. However, the word ‘of’ is different and needs to be interpreted to include the starting day of the commencement of the prescribed period. My roommate tried Trulymadly, worked well for her too! They would dictate the terms and being a guy, you have to deal with it! PS: Dating apps and sites in India are highly girl-dominated. Mingle2is full of Chennai single girls seeking dates, sex, boyfriends, and fun.Finding single girls in Chennai is easy with Mingle2's free Chennai personals, and our online Chennai chat rooms are a great place to make your first move! Orders of the Hon’ble the Chief Justice may be obtained for placing this matter before a larger Bench.” “Whether the complaint filed under Section 138 of the NI Act is within or beyond time as it was contended that it was not filed within one month from the date on which the cause of action arose under clause (c) of the proviso to Section 138 of the NI Act? We will have to therefore re-examine it for the purpose of answering the reference. Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid. The cause of action, therefore, arose on 15/10/1995.

This Court went on to observe that ordinarily in computing the time, the rule observed is to exclude the first day and to include the last. According to counsel, seen in this light, the word ‘of’ occurring in Section 138(c) and Section 142(b) is to be interpreted differently as against the word ‘from’ occurring in Section 138(a).

She submitted that as held by this Court in Saketh while computing the period of one month as provided under Section 142(b) of the N. Act, the first day on which the cause of action has arisen has to be excluded. Counsel submitted that Saketh has been followed by this Court in , (2010) 12 SCC 210 where it is held that Section 12 of the Limitation Act is applicable to the Arbitration and Conciliation Act, 1996 (for short, “the Arbitration Act"), which is a statute providing for its own period of limitation. Counsel submitted that if this Court reaches a conclusion that the provisions of the Limitation Act are not applicable to the N. Act, it should hold that Section 9 of the General Clauses Act, 1897 covers this case. It is not governed by Section 9 of the General Clauses Act, 1897.

The same principle is applicable in computing the period of 15 days under Section 138(c) of the N. Counsel submitted in (2000) 8 SCC 649 Section 12 of the Limitation Act is held to be in pari materia with Section 9 of the General Clauses Act. Thus, for the purposes of Section 142(b), which prescribes that the complaint is to be filed within 30 days of the date on which the cause of action arises, the starting date on which the cause of action arises should be included for computing the period of 30 days.

‘15/10/1995’ has to be included in the period of limitation and thus the complaint was barred by time. Referring to several English decisions on the point, this Court observed that the principle of excluding the day from which the period is to be reckoned is incorporated in Section 12(1) and (2) of the Limitation Act, 1963. Pradeshiya Industrial & Investment Corporation of U. Section 138(b) provides that the payee must make a demand of the amount due to him within 30 days of the receipt of information from the bank.

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’.




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