ORDER 1. Learned counsel for the appellant submits that the cheque in question was intimated to have been dishonored by the bank on 20.06.1991. Learned counsel further submits that the notice for dishonor of cheque was given within fifteen days on 02.07.1991. 2. Learned counsel also submits that after fifteen days, the cause of action arose and within 30 days, the suit had to be preferred and which was preferred on 02.08.1991. 3. Learned counsel relies upon Section 138 Proviso (b) & (c) as well as Section 142(b) of the Negotiable Instruments Act. 4. This Court finds that the learned trial court has erred in rejecting the proceedings under Section 138 only on the ground that the same was beyond the prescribed time limit. 5. It is clear that the intimation was received by the appellant on 20.6.1991 and the notice was given within fifteen days i.e on 02.07.1991. The notice was received unserved and again re-sent on 13.07.1991 and received with acknowledgment. The appellant was well within time to sustain his right to proceed with the proceedings under Section 138 of the N.I. Act. 6. Accordingly, the impugned order dated 06.09.1995 is quashed and set aside and the matter is remanded back to the learned trial court to make fresh adjudication, while considering the suit to have been preferred in time, strictly in accordance with law. 7. The present appeal stands disposed of accordingly. All pending applications also stand disposed of. Record of the learned court below be sent back forthwith.