TMI Blog2018 (5) TMI 789X X X X Extracts X X X X X X X X Extracts X X X X ..... l the three cases having been filed before the period stipulated under Section 138(C) of the Negotiable Instruments Act, are held to be premature and, therefore, the orders impugned passed on the dates 20th, 24th & 20th of April, 2017, respectively in all these complaints and the proceedings emanating therefrom are quashed - petition disposed off. - 561-A No. 240/2017 MP No. 01/2017 MP No. 02/2017 c/w 561-A No. 238/2017 561-A No. 241/2017 - - - Dated:- 4-4-2018 - Hon ble Mr Justice M. K. Hanjura, J. For the Petitioner : Mr Manzoor Ahmad Dar, Advocate For the Respondent : Mr S. Murtaza, Advocate ORDER 01. These petitions, in view of the nature of controversy involved have been clubbed together and require to be determin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upon failure of the petitioners, the respondent/ complainant filed these complaints, which were presented before the learned Magistrate on the 20th, 24th and 20th of April, 2017, respectively and upon presentation of the same, the learned Magistrate took cognizance and issued summons in the name of the petitioners. The petitioners filed a motion seeking discharge on the grounds that the complaints are premature for the reason that the same have been filed before the expiry of the stipulated period of (15) days, as provided under the Statute, for making payment from the date of the receipt of the said notice. 03. Heard and considered. 04. To canvass his argument that the learned trial Magistrate has erred in taking cognizance of the ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such complaint was legally maintainable and, hence, the same is overruled. 39. Rather, the view taken by this Court in Sarav Investment and Financial Consultancy Private Limited and Anr. v. Llyods Register of Shipping Indian office Staff Provident Fund and Anr.: (2007) 14 SCC 753 wherein this Court held that service of notice in terms of Section 138 proviso (b) of the NI Act was a part of the cause of action for lodging the complaint and communication to the accused about the fact of dishonouring of the cheque and calling upon to pay the amount within 15 days was imperative in character, commends itself to us. As noticed by us earlier, no complaint can be maintained against the drawer of the cheque before the expiry of 15 days from th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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