Premature Section 138 complaint cannot be rejected outright; cognizance must await accrual of the statutory cause of action.

A complaint under Section 138 of the Negotiable Instruments Act should not be dismissed merely because it was filed before the cause of action accrued. The Court stated that the proper course is to wait until the statutory period expires and then take cognizance once the legal requirements are complete. An earlier filing is not to be rejected outright at the threshold if it can be considered after maturity of the cause of action. The complaint was therefore required to proceed afresh on merits.

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Issues: Whether a complaint under Section 138 of the Negotiable Instruments Act could be dismissed as premature before the cause of action had accrued.

Analysis: The complaint had been rejected solely on the ground that it was filed before expiry of the stipulated period. The Court held that the complaint itself was not liable to be thrown out in such a manner, because the proper course was to await maturity of the cause of action and take cognizance only after the statutory period had elapsed. A complaint filed earlier could be considered once the legal requirements were complete, rather than being dismissed outright at the threshold.

Conclusion: The complaint should not have been dismissed as premature, and the matter was required to be proceeded with afresh on merits.

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