THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE NO.1575 of 2002 ORDER: 1 The petitioner is the complainant and he filed the present revision questioning the order dated 24.09.2002 passed by the learned X Metropolitan Magistrate Vijayawada at Gannvaram in C.F.No.2662 of 2002 whereby the court below dismissed the complaint filed by the complainant under section 203 Cr.P.C. 2 Brief facts are that there are money transactions between the parties and in discharge of a legally enforceable debt, the respondent issued a cheque for an amount of Rs.80,000/- and on presentation the same was dishonoured by the banker with an endorsement “insufficient funds”. Thereafter following the procedure as provided for under section 138 of the Negotiable Instruments Act, the said complaint has been filed and as stated supra, the same was dismissed. 3 Apparently the date on the cheque is 31.02.2002. In no calendar the month February will have 31 days. It is only in a leap year there will be 29 days and in all other circumstances, the month of February will have only 28 days. Question of issuing a cheque dated 31.02.2002 would not arise and the court below rightly looked into the said aspect in dismissing the complaint. This court sees no error in the said order. Accordingly I see no merits in this revision and is thus dismissed. 4 At this juncture, the learned counsel for the petitioner submitted that the petitioner may be permitted to file a fresh complaint for the offence punishable under section 420 of IPC. It is needless to observe that the petitioner is always at liberty to file any complaint of his choice, if the law permits. -------------- 09.09.2010 Kvsn