Cause of action – Pre-mature complaint – Demand notice period of 15 days not expired -- Complaint filed before fifteen days -- In view of the legal bar created by Section 142 of the NI Act, taking of cognizance by the Court was contrary to the law and the complaint was not maintainable -- Respondent would be at liberty to institute a fresh complaint and to seek the benefit of the proviso by satisfying the trial court of sufficient cause for the delay in instituting the complaint.
(SC) Decided on: 12.08.2022