No offence can be said to have been committed unless and until period of 15 days, as prescribed under clause (c) of proviso to section 138, has in fact, elapsed

Negotiable Instrument Act : No offence can be said to have been committed unless and until period of 15 days, as prescribed under clause (c) of proviso to section 138, has in fact, elapsed and, therefore, a Court is barred in law from taking cognizance of such complaint
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[2014] 52 taxmann.com 473 (SC)
SUPREME COURT OF INDIA
Yogendra Pratap Singh
v.
Savitri Pandey
R. M. LODHA, CJI
KURIAN JOSEPH AND ROHINTON FALI NARIMAN, JJ.
CRL. A. NO. 605 OF 2012 & 1924 & 1925 OF 2014
SEPTEMBER  19, 2014
Section 138, read with section 142, of the Negotiable Instruments Act, 1881 - Dishonour of cheque for insufficiency etc., of funds in account - Whether a complaint filed before expiry of 15 days from date on which notice has been served on drawer/accused cannot be said to disclose cause of action in terms of clause (c) of proviso to section 138 - Held, yes - Whether no offence can be said to have been committed unless and until period of 15 days, as prescribed under clause (c) of proviso to section 138, has in fact, elapsed and therefore, a Court is barred in law from taking cognizance of such complaint - Held, yes - Whether as a complaint filed before expiry of 15 days from date of receipt of notice issued under clause (c) of proviso to section 138 is not maintainable, complainant cannot be permitted to present very same complaint at any later stage, his remedy is only to file a fresh complaint within one month from date of decision in criminal case and, in that event, delay in filing complaint will be treated as having been condoned under proviso to clause (b) of section 142 - Held, yes [Paras 37 and 42]