Yogendra Pratap Singh vs Savitri Pandey & Anr

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 filed before the expiry of the 15-day notice period under Section 138(c) is premature and cannot be taken cognizance of by the Magistrate. Furthermore, the Court ruled that if the complaint is quashed due to prematurity, the complainant cannot file a fresh complaint after the one-month period under Section 142(b) has expired, thereby affirming the necessity of adhering to the statutory timelines set forth in the Act.