2003 (3) TMI 776 - HC - Indian Laws

Appeal Dismissed: Premature Complaint under Section 138 NI Act Upheld

Bapulal Versus Krapachand Jain

Bapulal Versus Krapachand Jain - TMI Issues:1. Dismissal of complaint under Section 138 of the Negotiable Instrument Act by the Chief Judicial Magistrate.2. Appeal against the order of the Trial Court by the non-applicant.3. Interpretation of the legal provisions regarding the timing of filing complaints under Section 138 and Section 142 of the Act.4. Consideration of judgments by the Division Bench of Bombay High Court and the Supreme Court in similar cases.5. Application of the Supreme Court and Allahabad High Court judgments to the present case.6. Cognizance of the complaint by the Trial Court despite being filed prematurely.Analysis:1. The case involved the dismissal of a complaint under Section 138 of the Negotiable Instrument Act by the Chief Judicial Magistrate, based on the timing of filing the complaint after the dishonour of a cheque. The Magistrate found that the complaint was premature as it was filed before the statutory period of 15 days specified in the Act from the date of receipt of the notice by the accused.2. The non-applicant appealed against the Trial Court's order, leading to the Revisional Court setting aside the Trial Court's decision and remanding the case for further consideration, resulting in the current revision before the High Court.3. The legal debate centered on the interpretation of the provisions of Section 138 and Section 142 of the Act regarding the timing of filing complaints related to dishonoured cheques. The applicant argued that the complaint was premature and should be dismissed, citing the Division Bench of Bombay High Court's judgment.4. The applicant relied on the judgment of the Division Bench of Bombay High Court and argued that the complaint was premature as the cause of action arises after 15 days of issuing the notice, which was not adhered to in this case. However, the non-applicant supported the Revisional Court's decision based on recent judgments by the Supreme Court and the Allahabad High Court.5. The non-applicant supported the Revisional Court's decision by referencing the Supreme Court's ruling that a premature complaint can be filed, but cognizance cannot be taken until the cause of action arises. The Allahabad High Court's judgment in a similar case was also cited to support the maintainability of the complaint despite being filed prematurely.6. The High Court, after considering the arguments and legal precedents, upheld the Revisional Court's decision, emphasizing that even though the complaint was premature, cognizance was taken by the Trial Court as per the provisions of the Act, leading to the dismissal of the appeal and affirming the Revisional Court's order.