Supreme Court · 2014 INSC 650 · Decided 19 September 2014

Yogendra Pratap Singh v. Savitri Pandey & ANR.

Court
Supreme Court of India
Citation
2014 INSC 650 · [2014] 12 S.C.R. 26
Case number
CRIMINAL APPEAL No. 605/2012
Decided
19 September 2014
Bench
RAJENDRA MAL LODHA, KURIAN JOSEPH, R.F. NARIMAN (3-judge bench)
Outcome
Hearing Adjourned
Case type
Criminal
Acts & sections cited
NI Act Section 138, 142

Headnote

Negotiable Instruments Act, 1881 - ss. 138 and 142 - C Dishonour of cheque - Complaint filed before the expiry of the period of 15 days stipulated in the notice required to be seNed on the drawer of the cheque - Maintainability of - Held: Complaint is not maintainable - It is no complaint at of law - No cognizance of an offence can be D taken on basis of such complaint because there is no commission of an offence nor accrual of cause of action for filing of complaint u/s. 138 - Remedy is to file a fresh complaint within one month of the date on which cause of action arose and if

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