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2022 (8) TMI 414 - HC - Indian LawsDishonor of Cheque - complaint filed by the applicant/appellant under Section 138 Negotiable Instrument Act dismissed on the ground that it has been filed prematurely without the occurrence of any cause of action has not granted liberty to the applicant-appellant to file complaint afresh - HELD THAT:- Perusal of the record of the trial Court in the background of the submissions advanced by learned counsel for the parties would reveal that the trial Court has dismissed/rejected the complaint filed by the applicant-appellant on the ground that the same has been filed prematurely. The trial Court was of the view that a notice for raising demand in respect to the cheque dishonoured was given on 26.06.2015 and the complaint has been filed by the complainant on 10.07.2015 i.e. before 15 days, thus, no cause of action had accrued to the appellant. Perusal of the judgment of the Hon'ble Supreme Court passed in Yogendra Pratap Singh [2014 (9) TMI 1129 - SUPREME COURT], would reveal that the Hon'ble Apex Court has granted a liberty to those complainants whose complaint filed under Section 138 of The Negotiable Instrument Act has been found to be not maintainable on account of the fact that the same has been filed prematurely to file a fresh complaint - The above observation of the Hon'ble Supreme Court would make it clear that it has been opined by the Hon'ble Supreme Court that the complaint which has not proceeded further in view of the fact that the same has been found to have been filed prematurely, a fresh complaint may be filed and in such cases the benefit of the provision contained under Section 142 (b) of The Negotiable Instrument Act, may also be granted to the complainant whose complaint has been dismissed prematurely. The judgment and order of the trial Court dated 13.08.2018 is modified to the extent that the applicant/appellant is now permitted to file a fresh complaint before trial Court with regard to the same cause of action and if such a complaint has been filed, with regard to the same cause of action, the trial Court shall also be under an obligation to provide the benefit of Section 142 (b) of The Negotiable Instrument Act to the applicant/appellant - Appeal allowed in part.
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