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    <title>2021 (10) TMI 33 - JHARKHAND HIGH COURT</title>
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    <description>A complaint under Section 138 of the Negotiable Instruments Act is maintainable only after the drawer fails to pay within 15 days of receipt of the demand notice. Where actual service of notice is not proved, deemed service cannot be used to treat the cause of action as having arisen before expiry of that statutory period. Since the complaint in this matter was filed before 15 days had elapsed from the deemed date of service, the cause of action had not matured and the complaint was premature. The conviction and sentence were set aside and the accused was acquitted.</description>
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      <description>A complaint under Section 138 of the Negotiable Instruments Act is maintainable only after the drawer fails to pay within 15 days of receipt of the demand notice. Where actual service of notice is not proved, deemed service cannot be used to treat the cause of action as having arisen before expiry of that statutory period. Since the complaint in this matter was filed before 15 days had elapsed from the deemed date of service, the cause of action had not matured and the complaint was premature. The conviction and sentence were set aside and the accused was acquitted.</description>
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