Premature Section 138 complaint barred before the statutory waiting period ends; cognizance cannot be taken until cause of action arises.

A complaint under Section 138 of the Negotiable Instruments Act is maintainable only after expiry of the 15-day statutory waiting period following receipt of notice, because the cause of action arises only then. A complaint filed before that period ends is premature and is not a complaint in the eye of law, so cognizance is barred under Section 142. The criminal proceedings based on such a complaint cannot be sustained and are liable to be quashed.

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Issues: Whether a complaint under Section 138 of the Negotiable Instruments Act, 1881 filed before expiry of 15 days from receipt of statutory notice is maintainable and whether the criminal proceedings based on such complaint are liable to be quashed.

Analysis: The complaint was presented on the last day of the 15-day period counted from the date of receipt of notice, whereas the statutory cause of action under clause (c) of the proviso to Section 138 arises only after the expiry of that period. The legal bar under Section 142 prevents cognizance except on a complaint made after the cause of action accrues. Applying the binding principle that a complaint filed before expiry of the statutory waiting period is no complaint in the eye of law, the proceeding could not be sustained.

Conclusion: The complaint was premature and non-est in law, and the proceedings were liable to be quashed in favour of the petitioner.

Ratio Decidendi: A complaint under Section 138 of the Negotiable Instruments Act, 1881 cannot be maintained before the expiry of 15 days from receipt of the statutory notice, and any complaint filed before the cause of action arises is incompetent for cognizance and liable to be quashed.

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