YOGENDRA PRATAP SINGH versus SAVITRI PANDEY & ANR.

YOGENDRA PRATAP SINGH versus SAVITRI PANDEY & ANR.

A complaint under Section 138 Negotiable Instruments Act is maintainable only after the cause of action accrues, i.e. after the drawer fails to pay the amount within 15 days of receipt of notice. Filing a complaint before expiry of this period is premature and not valid in law for cognizance; the conflict in case law is referred to a larger bench.

Parties
Appellant: Yogendra Pratap Singh; Respondent: Savitri Pandey; Respondent: Anr.
Jurisdiction
India
Judgment Date
03 April 2012
Procedural Posture
Criminal Appeal / Reference to Larger Bench
Outcome
Matter referred to larger bench
Legal Topics
Section 138 of Negotiable Instruments Act, Cognizance of Offence, Premature Complaint, Notice Period Under S.138(c), Limitation Under S.142(b)
Criminal Law Negotiable Instruments Section 138 of Negotiable Instruments Act Cognizance of Offence Premature Complaint Notice Period Under S.138(c) Limitation Under S.142(b)

Case Brief

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Parties

Yogendra Pratap Singh

Appellant

Savitri Pandey

Respondent

Anr.

Respondent

Procedural Posture

Criminal Appeal / Reference to Larger Bench

Legal Issues

  1. 1 Whether cognizance of offence under Section 138 NI Act can be taken on complaint filed before expiry of 15 days from notice under s.138(c)
  2. 2 If answer is negative, whether complainant can present complaint again after expiry of limitation under Section 142(b)

Ratio Decidendi

A complaint under Section 138 Negotiable Instruments Act is maintainable only after the cause of action accrues, i.e. after the drawer fails to pay the amount within 15 days of receipt of notice. Filing a complaint before expiry of this period is premature and not valid in law for cognizance; the conflict in case law is referred to a larger bench.

Court Disposition

Matter referred to larger bench

Orders

  • Registry to place the file before Chief Justice for constitution of an appropriate Bench