Tagged “statutory-notice”

Yogendra Pratap Singh v. Savitri Pandey (2014): a cheque complaint filed before the 15-day notice period expires is no complaint at all

A three-judge bench held that a Section 138 complaint lodged before the 15-day statutory notice period has run is premature and discloses no cause of action, so no cognizance can be taken — even if the period has lapsed by the time the magistrate acts. The Court allowed a fresh complaint to be filed within a month of its judgment.