/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.6740 OF 2005 IN CRIMINAL APPEAL NO. OF 2005 Shri Narayan Maruti Wagh ...Applicant V/s. Shri Vilas Shivram Beloshe & Anr. ...Respondents Shri.Dilip Bodake for Applicant. Shri.Pradeep Gole for Respondent No.1. Shri.Y.M. Nakhawa APP for the State. CORAM : V.M. KANADE, J. DATED : 5th FEBRUARY, 2008. P.C:- 1. Heard learned counsel appearing on behalf of the Applicant and learned counsel appearing on behalf of Respondents. 2. Applicant is challenging the order passed by the Trial Court dismissing his complaint which was filed U/s.138 of N.I. Act. 3. Learned counsel for the Applicant submitted that the Trial Court erred in dismissing complaint on the ground of limitation. He submitted that a cheque was issued on 25/09/2002 and it was dishonoured on 15/03/2003. The Applicant issued first demand notice on 17/3/2003 which / 2 / was served on the Accused on 22/3/2003. He submitted that, therefore, the Applicant approached the Accused and the cheque was again re- validated. Thereafter, the Applicant deposited said cheque again. However, it was dishonoured. Again, the Applicant sent second statutory notice. Since the said amount was not paid by the Accused within 15 days, the Applicant filed a complaint on 1/07/2003. He submitted that cause of action began after second demand notice was sent and not from the first demand notice. He submitted that, therefore, the Trial Court erred in calculating period of limitation from the date on which first demand notice was sent. 4. In my view, the submissions made by the learned counsel for the Applicant cannot be accepted. It is a well settled position in law that period of limitation begins from the date on which first demand notice is issued. Obviously, there was a gross delay in filing the complaint. No application was made by the Applicant for condonation of delay. No case is made out for grant of leave. Leave is, accordingly, refused. . Application is disposed of accordingly. V.M. KANADE, J. / 3 /