2009 (3) TMI 1093

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....laint, under Section 138 of the Negotiable Instruments Act, read with Section 420 of the Indian Penal Code, which he filed against respondent Kanwar Ram Kripal, has been dismissed. The sole reason for the dismissal of the complaint, recorded by the learned trial Court Magistrate, is that the complaint was premature having been filed a day before the accrual of the cause of action. Respondent alleg....

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....ondent. That means cognizance of the matter was taken by the Trial Magistrate after the expiry of 15 days time, prescribed to enable the person issuing the cheque to make payment. 2. Dealing with this kind of situation, Hon'ble Supreme Court in Narsingh Das Tapadia v. Goverdhan Das Partani and Anr. (2000) 7 SCC 183 has held that where the complaint is filed before expiry of 15 days, prescribe....