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Checking relevance for Econ Antri Ltd. VS Rom Industries Ltd. ...
2013 0 Supreme(SC) 783 : Under Section 138(c) of the Negotiable Instruments Act, 1881, the drawer of a cheque must make payment within 15 days of receiving the demand notice from the payee. The limitation period for filing a complaint under Section 142(b) of the Act is one month from the date on which the cause of action arises, which is the date when the drawer fails to make payment within the 15-day period. The court has held that for the purpose of calculating this one-month period, the date on which the cause of action arose (i.e., the day after the 15-day period expires) must be excluded. Therefore, the limitation period begins from the next day and extends for 30 days, excluding the starting date.Checking relevance for Jagdish Chand Gupta VS San deep Arora...
1998 0 Supreme(SC) 941 : Under Clause (c) of the proviso to Section 138 of the Negotiable Instruments Act, the accused (drawer) is given a period of 15 days from the date of receipt of the demand notice to make payment. The cause of action for filing a complaint arises after this 15-day period expires, and the complaint must be filed within one month from that date. The reply to the demand notice does not extend or alter this 15-day period; the time for payment begins from the date the notice is received, regardless of when the reply is sent. In this case, even if the reply was received on 23-7-1996, the 15-day period for payment started from that date, and the complaint was filed within the prescribed one-month limitation after the cause of action arose.Checking relevance for Kamlesh Kumar VS State of Bihar...
Checking relevance for Tameeshwar Vaishnav VS Ramvishal Gupta...
2010 1 Supreme 55 : Under Section 138 of the Negotiable Instruments Act, 1881, the payee or holder of a cheque must issue a notice in writing to the drawer within 30 days of receiving information from the bank about the cheque being returned unpaid. If the drawer fails to make payment within 15 days of receiving this notice, the payee or holder may file a complaint under Section 142. The cause of action to file a complaint arises only once upon the failure to pay after the notice. A fresh notice cannot be issued after the initial notice period expires, and another cause of action does not arise even on re-presentation of the cheque. Therefore, the limitation period for filing a complaint begins from the date of receipt of the notice and ends 15 days after that, and no further notice or complaint can be filed after the initial statutory period lapses.Checking relevance for Yogendra Pratap Singh VS Savitri Pandey...
2015 3 Supreme 469 : Under Section 138 of the Negotiable Instruments Act, 1881, the limitation period for filing a complaint after the drawer receives a demand notice is 15 days. The offence under Section 138 is not complete until the drawer fails to make payment within 15 days of receiving the notice. Therefore, a complaint cannot be filed before the expiry of this 15-day period. The complaint is only maintainable after the 15-day period has elapsed from the date of receipt of the notice. If a complaint is filed before this period, it is considered premature and not maintainable in the eye of law. However, if cognizance is taken by the Magistrate after the 15-day period has expired, the complaint may be validly instituted, even if filed earlier. The key point is that the cause of action arises only after the 15-day period from receipt of the notice has expired.Checking relevance for Rayapati Power Generation Pvt. Ltd. VS Indian Renewable Energy Agency Ltd (ireda)...
Checking relevance for Padma Financiers VS V. S. Baliga S/o Sanjeev Baliga...
2023 0 Supreme(Kar) 175 : Under Section 138(b) of the Negotiable Instruments Act, the payee or holder in due course must issue a demand notice to the drawer within 30 days of receiving information from the bank about the cheque''''s dishonour. The limitation period for filing a complaint under Section 142(b) of the N.I. Act is one month from the date the cause of action arises, which is when the drawer fails to make payment within 15 days of receiving the demand notice. The 15-day period for payment after notice is excluded when calculating the one-month limitation period for filing the complaint. Therefore, the limitation period begins after the 15-day grace period following the notice, and the complaint must be filed within one month from that date.
