Supreme Court of India · 2012-04-03
Yogendra Pratap Singh vs Savitri Pandey & Anr
- Citation / case number
- AIR 2012 SUPREME COURT 2508
- Court
- Supreme Court of India
- Petitioner
- Yogendra Pratap Singh
- Respondent
- Savitri Pandey & Anr
- Bench
- Gyan Sudha Misra, T.S. Thakur
Judgment text excerpt
The Supreme Court held that cognizance of an offence under Section 138 of the Negotiable Instruments Act, 1881 cannot be taken if the complaint is filed before the expiry of the 15-day notice period as stipulated in Section 138(c). The Court affirmed the High Court's decision to quash the Magistrate's order, establishing that a complaint filed prematurely is legally invalid. The ruling clarifies the procedural requirements for filing complaints under the Act, emphasizing adherence to the statutory timelines.