Sita Ram Paliwal vs Rajasthan State Agro ...

The Supreme Court addressed two key questions regarding the cognizance of offences under Section 138 of the Negotiable Instruments Act, 1881. It held that a complaint cannot be filed before the expiry of the 15-day notice period stipulated in Section 138(c), and if filed prematurely, the complainant cannot refile after the one-month period under Section 142(b) has expired. The Court referred the matter to a three-Judge Bench to resolve conflicting judicial opinions on these issues.