Is my case is premature or not?

prope;  no issue as to procedure...

Thank you sir

1. 138 case filed on 18-06-2018 (means nearly 19 months ago).  IF the case was to be dismissed THEN it would have been dismissed and Summons to accused would not have been issued.  Check this !!!!

Keep Smiling .... Hemant Agarwal
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Hemant Agarwal, Real soul, OMprakash
sir, cognizance taken on 19/7/18. and later on summon to accused also sent , at the satge of argument, opposite lawyer filed a copy of judgment of jharkhand high court, on the basis of filed document the learned ACJM acquittle the accused. Please help what should I do now?

yes sir my NI case is in district court of jharkhand state.
the plea taken by opposite lawyer is that, since stipulated 15 days period not expiry , so this case is premature. The containt of judgement filed by opposite lawyer is
" complaint at the earliest can be filed only after 45 days from the date of dispatch of demand notice....
complaint ought to have been presented at least 45 days from the date of issue of notice of demand and as admittedly there is no document in record to suggest date on which notice has been received by complainant.... Trail court rightly held that complaint is premature.... granted acquittal"

The case referrd by Hon'ble jharkhand High court are

1.subodh s.salaskar vs. Jayprakash M.Shah (2008) 13 SCC 689;

2.M/S shakti Travel & tour vs. state of Bihar 2000 (7) Supreme 90;

3. subodh s.salaskar vs. Jayprakash M.Shah 2009(3) SCC (cri) 834--- Relied.

OM Prakash sir
please help me