YOGENDRA PRATAP SINGH versus SAVITRI PANDEY & ANR.

YOGENDRA PRATAP SINGH versus SAVITRI PANDEY & ANR.

No complaint under Section 138 NI Act can be maintained before the expiry of the 15-day period from the date of receipt of notice by the drawer; court cannot take cognizance merely because the statutory period has elapsed by the time cognizance is considered.

Parties
Appellant: Yogendra Pratap Singh; Respondent: Savitri Pandey; Respondent: Anr.
Jurisdiction
India
Judgment Date
19 September 2014
Procedural Posture
Criminal Appeal / Reference to Three Judge Bench; Answering Referred Questions
Outcome
Questions answered; appeals to be listed before regular Bench.
Legal Topics
Negotiable Instruments Act, Dishonour of Cheque, Complaint Pre Maturity, Cognizance, Limitation
Criminal Law Banking Law Negotiable Instruments Act Dishonour of Cheque Complaint Pre Maturity Cognizance Limitation

Case Brief

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Parties

Yogendra Pratap Singh

Appellant

Savitri Pandey

Respondent

Anr.

Respondent

Procedural Posture

Criminal Appeal / Reference to Three Judge Bench; Answering Referred Questions

Legal Issues

  1. 1 Whether cognizance of an offence under Section 138 of the NI Act can be taken on the basis of a complaint filed before expiry of the period of 15 days stipulated in the statutory notice
  2. 2 Whether complainant can present the complaint again if the period prescribed under Section 142(b) for filing the complaint has expired

Ratio Decidendi

No complaint under Section 138 NI Act can be maintained before the expiry of the 15-day period from the date of receipt of notice by the drawer; court cannot take cognizance merely because the statutory period has elapsed by the time cognizance is considered.

Court Disposition

Questions answered; appeals to be listed before regular Bench.

Orders

  • Complaint under Section 138 NI Act filed before expiry of 15 days' notice is not maintainable and not a complaint in law.
  • Complainant may file fresh complaint within one month from cause of action accrual or seek condonation under Section 142(b) proviso.