IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26800 of 2009 SHEO SHANKAR @ SHEO SHANKAR AZAD S/O RAM KISHUN MANJHI, R/O VILLAGE-GAMBHIRGANJ, DISTRICT-JEHANABAD, AT PRESENT ROOM NO. 4 BLOCK NO. 5, ADALATGANJ, BUDHMARG, PATNA. …………Petitioner Versus 1. THE STATE OF BIHAR. 2. ANANT PRASAD S/O LATE GUPTESHWAR PRASAD, R/O VILLAGE AND P.O.-DAUDNAGAR, P.S. DAUDNAGAR, DISTRICT-AURANGABAD. ……………Opposite Parties. ----------- 05 11.03.2011 This application has been filed for quashing of the order dated 23.09.2005 under Sections 406 and 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act. The facts are that the complainant is the Secretary of “Maa Sabri” Anusuchit Jati/Jan Jati Awasiya Vidyalaya Pariyojna. This association runs with the help of the Government of India. 90% of the amount is provided by the Government of India whereas 10% the fund are to be raised by the society itself. To implement a project the members of Sangh decide to collect money. The amount required was Rs. 6,00,00,000/- (six crores). The society could only collect Rs. 40,00,000/- and, as such, the project for which the amount was collected failed. The petitioner is the General Secretary of the aforesaid Sangh. A cheque of Rs. 4,00,000/- was handed over to the 2 complainant on 20.03.2004, which was presented at the Daudnagar Bank on 15.04.2004. On 07.05.2004 the Bank reported that there was insufficient fund in the account. The legal notice was issued by the complainant on 09.11.2004 and the case was filed on 03.12.2004. Counsel for the petitioner submits that provisions of Section 138 (b) and (c) which prescribe a time limit for sending a notice and also prescribe a time limit for making payment, after receipt of the notice. The case was filed after 06 months delay and therefore barred by limitation under Section 138 (b) and (c) of the Negotiable Instruments Act. The proviso of Section 138 requires that the cheque should be presented within 6 months from the date on which it is drawn, the payee or the holder of cheque may make a demand for payment within 15 days of receipt of information by him from the bank regarding the return of the cheque as unpaid. There is an apparent illegality in the order of cognizance and it does not consider this aspect of the matter. In the result, I find no offence under Section 138 of the Negotiable Instruments Act made out against the petitioner, and the order of cognizance is quashed to that extent. It was next contended that the facts of the 3 case do not disclose an offence under Sections 406 and 420 of the Indian Penal Code. This aspect of the matter may be raised by the petitioner at the appropriate stage of the proceedings. The application, thus, stands disposed of to the extent mentioned aforesaid. Safik ( Sheema Ali Khan, J.)