Premature Section 138 complaint before expiry of the statutory notice period is not maintainable and can be quashed.

A complaint under Section 138 of the Negotiable Instruments Act is premature if filed before expiry of 15 days from deemed service of the statutory demand notice, because the cause of action does not arise until that period ends. On that principle, a complaint lodged before the statutory waiting period cannot be entertained and does not disclose a complete cause of action. The text states that the complaint was filed before expiry of the 15-day period, so it was not maintainable, and the summoning order and ensuing proceedings were liable to be quashed.

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Issues: Whether a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed before the expiry of 15 days from the deemed service of notice, is premature and not maintainable, and whether the summoning order and consequent proceedings are liable to be quashed.

Analysis: The condition precedent for prosecuting an offence under Section 138 is the expiry of 15 days from the receipt of notice demanding payment. A complaint lodged before that period cannot be said to disclose the cause of action, and the court is barred from taking cognizance of such a complaint. Applying that principle, the complaint in question was filed before the expiry of the statutory period and, therefore, the cause of action had not crystallised on the date of filing.

Conclusion: The complaint was premature and not maintainable, and the summoning order as well as the resulting proceedings were liable to be quashed.

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