1 appln 299 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.299 OF 2011 Baburao Takate .. Applicant. -versus Dilip @ P Rangnath Takate and ors .. Respondents. Mr. Sachin Gite, for the Applicant. Mrs. M.M. Deshmukh, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 5th July, 2011 P.C. 1. This is an application for leave to file appeal against judgment of acquittal of respondent rendered by the learned J.M.F.C. Niphad, District: Nashik, for the offence punishable under Section 138 of the Negotiable Act holding that the complaint which was filed on 3rd July, 2007, should have been filed on 2nd July, 2007. Notice of dishonour/demand in this case was received by the accused on 18.5.2007. 15 days period came to an end on 2.6.2007. One month period according to learned Magistrate expired on 2nd July, 2007 and therefore, the complaint filed on 3rd July,2007 was found to be barred by law of Limitation. 2. Learned counsel for the applicant relies on the judgment of Supreme Court, in Saketh India Limited -vs- India Securities Limited, 1999 (3) SCC 1, where Supreme 2 appln 299 of 2011 Court had considered exactly the same question and had held that first day would have to be excluded even in computing one month period and therefore held that since 15 days period from service of notice in that case expired on 14th October, 1995, cause of action for filing complaint would arise from 15th October, 1995 (which was to be excluded) and therefore, the complaint filed on 15th November, 1995, was within the period of limitation. 3. In view of above ratio, leave granted. Admit. Call for Record and Proceeding. Action under Section 390 of Criminal Procedure Code. (R. C. CHAVAN, J.)