SITA RAM PALIWAL vs RAJASTHAN STATE AGRO INDS.CORPN.LTD.&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 cognizance cannot be taken on a complaint filed before the expiry of the 15-day notice period as stipulated in Section 138(c), and if the complaint is filed after this period, it cannot be re-presented if the one-month limit under Section 142(b) has expired. The court referred the matter to a three-Judge Bench to resolve conflicting judicial opinions on these issues.