1 APPLN-4546.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.4546 OF 2010 Chinchwad Nagri Gramin Bigar Sheti Sahakari Pathsanstha Mydt., Chinchwad .... Applicant Vs. Dattatraya Shankar Suryavanshi & Anr. .... Respondents Shri Manoj Patil for the Applicant. Shri G.M. Savagave for Respondent No.1. Ms M.M. Deshmukh, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: JULY 19, 2011 P.C: This is an application for leave to file appeal against acquittal of the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act, ordered by the learned Judicial Magistrate, First Class, Jaysingpur. The intimation of dishonour had been received on 6-8-2007. The notice itself was posted on 5-9-2007. The learned Magistrate held that the one month period for issuing the notice would come to an end on 4-9-2007. He relied on a judgment of this Court in Ajay 2 APPLN-4546.10 Gupta v. State of Maharashtra & Anr., reported in 2004 (2) Bom.C.R. (Cri.) 738. In that case the question was not whether the period was to be reckoned by excluding the first date, but whether the period would commence from the date of receipt of intimation from the Bank on which the cheque was drawn or from the Bank through which the payee had submitted the cheque for realisation and in that context the Court had observed that the limitation would commence from the date on which intimation from the payee-Bank is received. In view of the judgment of the Supreme Court in M/s. Saketh India Ltd. and Ors. v. M/s. India Securities Ltd., reported in AIR 1999 SC 1090, no doubts can be harboured on this issue. The first date has to be excluded and therefore the limitation would come to an end on 5-9-2007 on which date the notice had been sent. In view of this, leave granted. Appeal admitted. Call for the R & P.. Since the learned counsel for the respondent states that he would be representing the respondent, action under Section 390 of the Cr.P.C. is not necessary. The application accordingly stands disposed of. (R.C. CHAVAN, J.)