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Judgment
K. Sreedhar Rao, J.—The appellant-complainant prosecuted the accused for an offence u/s 138 of the Negotiable Instruments Act.
It is the case of the complainant that towards repayment of legal liabilities arising out of the business transaction, the cheque Ex.P.1 for Rs. 30,000/- is issued. Upon presentation the cheque is dishonored. Ex.P.2 is the endorsement regarding the dishonor issued by the bank dated 17-8-1998. The legal notice is issued on 24-8-1998. The said notice is received on 2-9-1998 by the accused and has given reply as per Ex.P.8. The complaint is presented on 14-9-1998.
The trial court after recording evidence, dismissed the complaint and acquitted the accused on the ground that it is a case of premature presentation of the complaint. The complaint is presented before the completion of the statutory waiting period and that there is no cause of action as on the date of complaint u/s 138 of the N.I. Act.
The Supreme Court in Narsingh Das Tapadia Vs. Goverdhan Das Partani and Another, has held that presentation of premature complaint should not entail in dismissal or in acquittal. It is held that the complaint should be kept pending until the ripening of cause of action or the complaint should be returned with an advise to the complainant for proper presentation after completion of the necessary statutory waiting period. In view of the decision of the Supreme Court, the dismissal of the complaint is bad in law. The same is set aside. The matter is remitted to the trial court for fresh disposal in accordance with law.