Section 138 NI Act complaints must wait until the 15-day notice period expires before cause of action arises.

A complaint under Section 138 of the Negotiable Instruments Act cannot be instituted before expiry of the 15-day period after service of the statutory notice, because the drawer must first be given the opportunity to make payment and avoid prosecution. The cause of action arises only on non-payment after that period, so proceedings filed earlier are premature and the legislative window is curtailed. On the facts described, filing on the 12th day after service of notice was before accrual of cause of action, and the challenge to dismissal therefore failed.

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Issues: Whether a complaint under Section 138 of the Negotiable Instruments Act, 1881 was maintainable when instituted before expiry of the 15-day period after service of notice under the proviso.

Analysis: The 15-day period under clause (c) of the proviso to Section 138 is a statutory window intended to give the drawer an opportunity to discharge the legally enforceable debt and thereby avoid prosecution. The cause of action for launching proceedings arises only after expiry of that period. Where the complaint is filed before completion of the statutory period, the legislative opportunity is curtailed and the prosecution is premature. The cited authorities did not assist the appellant on the facts, as the present case concerned institution of proceedings on the 12th day after service of notice.

Conclusion: The complaint was premature and no cause of action had accrued on the date of filing; the challenge to the dismissal therefore failed.

Ratio Decidendi: Proceedings under Section 138 of the Negotiable Instruments Act, 1881 cannot be initiated before expiry of the statutory 15-day period after service of notice, as the cause of action arises only on non-payment after that period.

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