Kamlesh Kumar vs State Of Bihar & Anr

The Supreme Court held that the complaint under Section 138 of the Negotiable Instruments Act is maintainable only if filed within the stipulated period, which is not the case here as the cheque was presented on 25.10.2008 and the complaint was filed on 7.01.2009, making it time-barred. The Court found that the High Court erred in dismissing the appellant's petition under Section 482 Cr.P.C. without addressing the maintainability of the complaint. Consequently, the Supreme Court quashed the proceedings against the appellant, emphasizing the necessity of adhering to statutory timelines in such cases.