negotiable instrument act

Querist : Anonymous (Querist) 29 August 2010 This query is : Resolved
A borrowed sum 2lakhs from B. With intention to repay the said amount he issued a cheque to B. B tendered the same for collection. said cheque was returned as "funds insfficent". B issued a statuary legal notice to A. He fixed 15 days time to pay the amount. But before 15 days B filed Petition before the concern Magistrate court under section 138 and 142 of N.I. ACt. After examination B the Learned Magistrate issued summons to A. A take defense that B filed the complaint before the 15 days i.e., prematured stage. Whether the defence taken by the A is correct or not? Is there any judgment in support of A?

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s.subramanian (Expert) 29 August 2010
Yes. It is right. The complaint is premature.

Querist : Anonymous (Querist) 29 August 2010
Thank you to the Senior Sri S.Subramanian. Is there any relevant judgment of the same? o

Rajeev kulshreshtha (Expert) 29 August 2010
The presentation of complaint before prescribed period Or premature is not fatal if the cognizance is taken after prescribed period.

Adinath@Avinash Patil (Expert) 29 August 2010
MERE FILING OF COMPLAINT WITHIN 15 DAYS IS NOT FATAL, IF COURT HAS TAKEN COGNIZANCE BEFORE 15 DAYS THE COMPLAINT IS PREMATUER.BUT IF COURT HAS TAKEN COGNIZANCE AFTER 15 DAYS COMPLAINT IS NOT PREMATURE.

Guest (Expert) 29 August 2010
KINDLY NOTE THAT STATUTORY NOTICE PERIOD UNDER NEGOTIABLE INSTRUMENTS ACT IS ALREADY MENTIONED IN NOTICE.THE DRAWER OF CHEQUE CAN REPAY THE AMOUNT OF CHEQUE WITHIN THAT PERIOD.CAUSE OF ACTION WILL ARISE AFTER THE NOTICE PERIOD IS OVER.BUT IN PRESENT CASE PREMATURE FILING OF COMPLAINT IS THERE .IT IS BEFORE CAUSE OF ACTION.THERE ARE CITATIONS ON THIS ISSUE.
KINDLY SEND DETAILS FOR FURTHER HELP.
GOOD LUCK.

H. S. Thukral (Expert) 29 August 2010
My friends Kulshreshta and Avinash Patil are absolute correct. Complaint will not be dismissed but the cognizance shall be taken after 15 days of notice period.

DEFENSE ADVOCATE.-firmaction@g (Expert) 31 August 2010
The querry wants judgment and it is anonymous so it must be student querry and not real problem.

As Mr Thukral and others have said if the cognisance is taken after 15 days nothing is wrong , since law is nothing but common sense.

Naturally the question arises that cognisance or no cognisance did the accused paid after 15 days of reciept of notice.

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