Section 138 complaint prematurity turns on the 15-day notice period after deemed receipt of an unclaimed notice.

A complaint under Section 138 of the Negotiable Instruments Act is maintainable only after the drawer fails to pay within 15 days of receipt, or deemed receipt, of the statutory notice. Where a notice sent by post is returned unclaimed, the relevant date for computing that period is the date the notice was shown by the postal endorsement as available for delivery, not the date of issuance. On the admitted facts, the complaints were filed before expiry of that 15-day period, so the cause of action had not accrued and the complaints were premature and not maintainable.

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Issues: Whether a complaint under Section 138 of the Negotiable Instruments Act, 1881 is maintainable when filed before expiry of 15 days from the date on which the notice, sent by post and returned unclaimed, is treated as received.

Analysis: The complaint under Section 138 becomes prosecutable only after the drawer fails to make payment within 15 days of receipt of the statutory notice. The Court held that where the notice is returned unclaimed, the relevant date for reckoning the statutory period is the date on which the unclaimed notice is shown by the postal endorsement as having been available for delivery, and not the date of issuance of the notice. On the admitted facts, the complaints were filed before the expiry of 15 days from the relevant unclaimed dates. The Court distinguished the decisions relied upon by the respondent and held that the cause of action had not accrued when the complaints were instituted.

Conclusion: The complaints were premature and not maintainable; the orders taking cognizance and the revisional orders were set aside, and the preliminary objection was upheld.

Ratio Decidendi: A complaint under Section 138 of the Negotiable Instruments Act, 1881 filed before the expiry of 15 days from the relevant date of receipt or deemed receipt of the statutory notice is premature and cannot be prosecuted.

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