Larger SC bench to examine cheque bounce
cases’ conflict
While some judgements had stated that the 15 days period could be waived
off, several other rulings had said that the time period was mandatory and
no cognisance could be taken before its expiry
The Supreme Court has referred
to a larger bench the question
whether a person can be tried for
a cheque bounce, even before the
expiry of the 15 days notice period
issued by a complainant.
A bench of Justices TS Thakur
and Gyan Sudha Misra framed two
questions for consideration by a
larger bench following conflicting
judgements by the Supreme
Court and a larger number of high
courts in the country. Firstly, can
cognisance of an offence punishable
under Section 138 of the Negotiable
Instruments Act, 1881, be taken on
the basis of a complaint filed before
the expiry of the period of 15 days
stipulated in the notice required
to be served upon the drawer of
the cheque in terms of Section
138 (c) of the Act aforementioned?
And secondly if answer to the
first question is in the negative,
can the complainant be permitted
to present the complaint again
notwithstanding the fact that the
period of one month stipulated
under Section 142 (b) for the
filing of such a complaint has
expired?
While some judgements had stated
that the 15 days period could be
waived off, several other rulings
had said that the time period was
mandatory and no cognisance
could be taken before it expiry. The
apex court passed the direction
while dealing with an appeal
filed by Yogendra Pratap Singh
challenging an Allahabad High
Court judgement quashing the
cognisance taken by a magistrate
of the complaint lodged by him
against Savitri Pandey. Singh had
filed a complaint under Section
138 of the Negotiable Instruments
Act against respondent
Savitri Pandey in the court of
additional civil judge, magistrate,
Sonbhadra, Uttar Pradesh after
four cheques allegedly issued by
the woman bounced. As required
under Section 138 (c), Negotiable
Instruments Act, 1881, he served
her with a notice calling upon her
to pay the amount.
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