1 Whether a complaint made under S.138 of the Negotiable Instruments Act (for short 'the Act') prior to arising of the cause of action is liable to be dismissed as premature is the question that arises for consideration in this appeal.

2 The appeal by the de facto complainant is directed against the Judgment passed by the IX Metropolitan Magistrate, Hyderabad in C. C. No. 134 of 1997 dated 24/04/2000 upholding the preliminary objection taken by the 1st respondent-accused that the complaint filed under S.138 of the Act is premature for non compliance of Clause (c) of the proviso to S.138 of the Act and hence not maintainable, and recording a finding on that basis that the 1st respondent-accused was not guilty of the offence and acquitting him of the same.

3 The brief facts leading to the filing of the appeal are that for dishonouring of cheque dated 03/02/1997 issued by the accused to the appellant-complainant in discharge of amount borrowed from the appellant, the appellant, issued a notice as contemplated under Clause (b) of the proviso to S.138 of the Act, which was received by the accused on 20/02/1997 under Ext. P4 acknowledgment and the complaint was filed on 06/03/1997 i.e.,

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