Premature Section 138 complaint cannot be dismissed where cognizance is taken after the statutory waiting period expires.

A complaint under Section 138 of the Negotiable Instruments Act filed before expiry of the statutory waiting period is not liable to dismissal as premature if cognizance is taken only after the period has expired. The governing principle is that the Magistrate should defer cognizance until the cause of action matures, rather than reject the complaint solely because it was presented early. On that basis, dismissal as premature was unsustainable, and the matter had to be reconsidered afresh on merits.

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Issues: Whether a complaint under Section 138 of the Negotiable Instruments Act filed before expiry of the statutory waiting period could be dismissed as premature when cognizance was taken only after the period had expired.

Analysis: The complaint was filed one day before expiry of the 15-day period after notice, but the matter reached the Magistrate for preliminary action and cognizance only after the period had expired. The governing principle was that, where a complaint is presented before the waiting period expires, the proper course is not dismissal on that ground alone but postponement of cognizance until the cause of action matures.

Conclusion: The dismissal of the complaint as premature was unsustainable, and the matter was required to be decided afresh on merits.

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