https://www.taxtmi.com/caselaws?id=305734 A complaint under Section 138 of the Negotiable Instruments Act filed before expiry of the 15-day notice period is not automatically premature, because filing the complaint and taking cognizance are distinct stages. The statutory bar applies to taking cognizance before the cause of action arises on expiry of 15 days from service of notice, not to the mere presentation of the complaint. If cognizance is taken after the statutory period, the complaint remains maintainable. On that reasoning, the revisional order was quashed and the Magistrate's summoning order restored. en-us Sat, 01 Dec 2001 00:00:00 +0530 Thu, 22 Dec 2022 15:56:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=305734 A complaint under Section 138 of the Negotiable Instruments Act filed before expiry of the 15-day notice period is not automatically premature, because filing the complaint and taking cognizance are distinct stages. The statutory bar applies to taking cognizance before the cause of action arises on expiry of 15 days from service of notice, not to the mere presentation of the complaint. If cognizance is taken after the statutory period, the complaint remains maintainable. On that reasoning, the revisional order was quashed and the Magistrate's summoning order restored. Case-Laws Indian Laws Sat, 01 Dec 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=305734