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2022 (9) TMI 59 - HC - Indian LawsDishonor of Cheque - rebuttal of presumption - deemed service of notice - interpretation clause ‘c’ of the proviso to section 138 of N.I. Act - HELD THAT:- On perusal of clause (c) of section 138 N.I.Act, it is crystal clear that the drawer of the cheque failed for payment of cheque amount within 15 days of the receipt of the notice, then only the case can be filed. Once the statutory provision has been provided in a statute it is required to be followed and that is the mandate of law to be followed the provision of that statute. Admittedly in the case in hand, the required notice was issued on 01.03.2016 which is not in dispute, however, the case has been filed on 21.03.2016, there is strict bar of filing the case in view of clause(c) of section 138 of N.I.Act before expiry of 15 days and if it is so, no cognizance of offence be taken on the basis of such complaint. The Court comes to the conclusion that the case was filed prematurely. Looking into clause (c) of section 138 of the said Act, that the cognizance order which filled up in a format suggest that there is non-application of judicial mind - Petition disposed off.
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