Complaint filed before the expiry of 15 days from the date of receipt of notice - is not maintainable - complainant cannot be permitted to present the very same complaint at any later stage. His remedy is only to file a fresh complaint;

Negotiable Instruments Act, 1881; Section 138 - Complaint filed before the expiry of 15 days from the date of receipt of notice issued under clause (c) of the proviso to Section 138 is not maintainable, the complainant cannot be permitted to present the very same complaint at any later stage. His remedy is only to file a fresh complaint; and if the same could not be filed within the time prescribed under Section 142(b), his recourse is to seek the benefit of the proviso, satisfying the court of sufficient cause. (Para 5-9)

 Gajanand Burange v. Laxmi Chand Goyal, 2022 LiveLaw (SC) 682

Comments