Complaint - Filed before expiry of 15 days from date on which notice has been served on drawer/accused - Is no complaint in eye of law - No cognizance of offence can be taken on basis of such complaint

Citation

2014 AIR SCW 5751

SUPREME COURT

R. M. LODHA , C.J.I. and KURIAN JOSEPH , J. and ROHINTON FALI NARIMAN , J.

Criminal Appeal No. 605 of 2012 with 1924, 1925 of 2014, D/- 19 - 9 - 2014

Yogendra Pratap Singh v. Savitri Pandey Anr

(A)Negotiable Instruments Act (26 of 1881), S.138 - Dishonour of cheque - Complaint - Filed

before expiry of 15 days from date on which notice has been served on drawer/accused - Is

no complaint in eye of law - No cognizance of offence can be taken on basis of such complaint

- Fact that on date of consideration of complaint or taking cognizance thereof a period of 15

days has elapsed - Not a ground to take cognizance of complaint.AIR 2000 SC 2946, 2001 CLC

1193 (Kant), 2002 Cri LJ 1522 (All), 2003 (1) Raj LW 673, 2004 Cri LJ 1140 (MP), 2004 (1)

Gau LT 652, (2005) 121 DLT 297, 2005 Cri LJ 3681(All), AIR 2007 (NOC) 2132 (JandK),

Overruled.Criminal P.C. (2 of 1974), Ss. 2(d), 190.

Reading of the provision contained in clause (c) of the pr