Premature Section 138 complaint is invalid when filed before the notice period expires and cannot be cured later.

A complaint under Section 138 of the Negotiable Instruments Act filed before expiry of the 15-day notice period under proviso (c) is not a valid complaint in law because the offence is complete only after the drawer fails to pay within that period. Cognizance under Section 142 can be taken only on a written complaint that, on its face, discloses all ingredients of the offence. Later expiry of time does not cure a premature filing unless a fresh written complaint is made. The complaint was therefore invalid and could not be proceeded with.

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Issues: Whether a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed before expiry of the 15-day period under proviso (c) can be acted upon or sustained if that period expires before cognizance or trial.

Analysis: The offence under Section 138 is complete only when the drawer fails to pay the cheque amount within 15 days of receipt of the statutory notice. Section 142 permits cognizance only on a written complaint by the payee disclosing an offence under Section 138. A complaint presented before the offence is complete does not satisfy the statutory ingredients on its face and is not a valid complaint in law. The Magistrate can take cognizance only if the complaint itself contains facts constituting the offence; later expiry of time does not cure the defect where no further written complaint is filed.

Conclusion: A premature complaint under Section 138 cannot be proceeded with merely because the 15-day period expires later; the complaint was invalid and the appeal failed.

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