Premature complaints under Section 138 of the Negotiable Instruments Act are not maintainable: No complaint can be filed for an offence under Section 138 unless the period of 15 days has elapsed after service of notice under clause (c) of the proviso to Section 138; such a complaint before expiry of 15 days is no complaint in the eye of law, and no cognizance can be taken thereon, even if 15 days expire by the time the court considers it. (!) (!) (!)

Conditions for offence under Section 138: The offence requires satisfaction of all ingredients in the main provision and clauses (a), (b), and (c) of the proviso, including drawer’s failure to pay within 15 days of notice receipt; without this, no offence or cause of action arises. (!) (!) (!) (!)

Cognizance barred by Section 142: Courts cannot take cognizance under Section 138 except on a valid written complaint by payee/holder disclosing the offence; a premature complaint does not disclose cause of action under clause (c) of proviso to Section 138. (!) (!) (!) (!)

Remedy for complainant on premature complaint: Complainant cannot represent the same premature complaint later; must file a fresh complaint within one month of cause of action under Section 142(b), or seek condonation of delay under the proviso to Section 142(b) upon showing sufficient cause. (!) (!)

Direction for pending cases: In cases where complaints do not proceed due to prematurity, payee/holder may file fresh complaint within one month from the date of this decision, with delay condoned under proviso to Section 142(b). (!)

Ingredients of Section 138 offence: (i) cheque drawn for discharge of debt/liability; (ii) presented within validity period; (iii) returned unpaid for insufficiency/excess; (iv) notice within 30 days of dishonour info; (v) no payment within 15 days of notice. (!) (!) (!) (!) (!) (!)