Cheque Bounce Complaint Filed Before Expiry Of 15 Days From Date Of Receipt Of Notice By Drawer Is Not Maintainable : Supreme Court

The Supreme Court observed that a cheque bounce complaint filed before the expiry of 15 days from the date of receipt of notice by the drawer of the cheque is not maintainable.In this case, the notice was received by the accused on 8 November 2005, and the complaint was filed before the period of fifteen days was complete, on 22 November 2005. The Supreme Court observed that a cheque bounce complaint filed before the expiry of 15 days from the date of receipt of notice by the drawer of the cheque is not maintainable. Before the Apex Court, the following issue arose for consideration : Can cognizance of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 be taken on the basis of a complaint filed before the expiry of the period of 15 days stipulated in the notice required to be served upon the drawer of the cheque in terms of Section 138 of the Act aforementioned? Merely because at the time of taking cognizance by the court, the period of 15 days has expired from the date on which notice has been served on the drawer/accused, the court is not clothed with the jurisdiction to take cognizance of an offence under Section 138 on a complaint filed before the expiry of 15 days from the date of receipt of notice by the drawer of the cheque."" Case details Gajanand Burange vs Laxmi Chand Goyal | 2022 LiveLaw 682 | CrA 1229 of 2022 | 12 August 2022 | Justices DY Chandrachud and AS Bopanna Headnotes Negotiable Instruments Act, 1881 ;Section 138 - Complaint filed before the expiry of 15 days from the date of receipt of notice issued under clause of the proviso to Section 138 is not maintainable, the complainant cannot be permitted to present the very same complaint at any later stage.