IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.108 of 1999 MAHESH KHEMKA @ MAHESH KUMAR KHEMKA, son of Late Arjun Prasad Khemka, resident of Mohalla- 18/145, Rajendra Nagar (Premchand Path) P.S.- Kadamkuan, District- Patna. ----- Appellant Versus 1. THE STATE OF BIHAR. 2. Shailesh Kumar, son of Shri Sadan Prasad, M/s Arati Vastralaya, Mal Godown, Gate No. 5 (Opposite Kankarbagh Road) P.S.- Kankarbagh, District- Patna. ----- Respondents. ----------- 7 10.4.2009 Heard learned counsel for the appellant. Nobody appears on behalf of the opposite parties. This appeal was admitted on 7.3.2000. Learned counsel for the appellant submits that the Court below has wrongly held that the application was time barred and as such set aside the conviction. After considering the submissions made on behalf of the petitioner, this Court prima facie finds that it appears that the application was not time barred in view of Section 138 of the Negotiable Instrument Act. This application for special leave to appeal is allowed. Sanjay (Sheema Ali Khan, J.)