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2017 (5) TMI 1431 - HC - Indian LawsDefault under Negotiable Instruments Act - whether an offence under Section 138 of the Act can be said to have been committed when the period provided for under Section 138 Clause (c) of the proviso has not expired? - Held that:- The complaint under the Act filed before the expiry of 15 days is pre-mature and cannot be treated as a legally constituted complaint in the eyes of law. Therefore, the proceedings initiated on the basis of such complaint are liable to be quashed and set-aside. Resultantly, there is merit in this petition and the same is accordingly allowed and the judgment passed by Additional Sessions Judge whereby the petitioner has been convicted and sentenced to undergo simple imprisonment for one month and to pay a sum of ₹ 1,00,000/- as compensation under Section 138 of the Act, is set-aside.
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