https://www.taxtmi.com/caselaws?id=343693 A complaint under Section 138 of the Negotiable Instruments Act filed before expiry of the fifteen-day payment period after service of notice is premature and not maintainable in law. The statutory cause of action arises only when the drawer fails to pay within that period, and until then no offence is complete. The Court is barred from taking cognizance of such a complaint, and the defect is not cured merely because the period expires later. On that basis, the conviction and sentence founded on the premature complaint were set aside. en-us Wed, 17 May 2017 00:00:00 +0530 Wed, 31 May 2017 07:00:05 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=343693 A complaint under Section 138 of the Negotiable Instruments Act filed before expiry of the fifteen-day payment period after service of notice is premature and not maintainable in law. The statutory cause of action arises only when the drawer fails to pay within that period, and until then no offence is complete. The Court is barred from taking cognizance of such a complaint, and the defect is not cured merely because the period expires later. On that basis, the conviction and sentence founded on the premature complaint were set aside. Case-Laws Indian Laws Wed, 17 May 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=343693