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Counsel submitted that in the circumstances this Court should hold that Saketh lays down correct proposition of law. Shri Sunil Gupta, learned senior counsel for the respondents, on the other hand, submitted that the provisions of the N. Act provide for a criminal offence and punishment and, therefore, must be strictly construed. Section 12(1) of the Limitation Act cannot be resorted to so as to extend that period even by one day. Counsel submitted that the word ‘within’ has been held by this Court to mean ‘on or before’.

Counsel submitted that it is well settled that when two different words are used in the same provision or statute, they convey different meaning. Arthur Paul Benthall AIR 1956 SC 35, The Labour Commissioner, Madhya Pradesh v. If the starting point is excluded, that will render the word ‘within’ of Section 142(b) of the N. [] Therefore, the complaint under Section 142(b) should be filed on or before or within, 30 days of the date on which the cause of action under Section 138(c) arises.

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has recently answered a reference whether for calculating the period of one month which is prescribed under Section 142(b) of the Negotiable Instruments Act, the period has to be reckoned by excluding the date on which the cause of action arose? While answering the reference, the Supreme Court held as under: “In our view, the judgment relied upon by the counsel for the appellant in the case of Saketh India Ltd. According to the accused, however, the date on which the cause of action arose i.e. (1972) 1 SCC 639 wherein it was held that the rule is well established that where a particular time is given from a certain date within which an act is to be done, the day on that date is to be excluded; the effect of defining the period from such a day until such a day within which an act is to be done is to exclude the first day and to include the last day. and another(2003) 4 SCC 305, DLF Qutab Enclave Complex Educational Charitable Trust v. Counsel pointed out that Section 138(a) provides a period of 6 months from the date on which the Cheque is drawn, as the period within which the Cheque is to be presented to the bank.

But, before we turn to the facts, we must quote Section 138 and Section 142 of the N. The complaint filed on 15/11/1995 was, therefore, within time.

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The same principle is applicable in computing the period of 15 days under Section 138(c) of the N. Counsel submitted in (2000) 8 SCC 649 Section 12 of the Limitation Act is held to be in pari materia with Section 9 of the General Clauses Act. Thus, for the purposes of Section 142(b), which prescribes that the complaint is to be filed within 30 days of the date on which the cause of action arises, the starting date on which the cause of action arises should be included for computing the period of 30 days.