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TMI Blog2022 (9) TMI 213X X X X Extracts X X X X X X X X Extracts X X X X ..... f its receipt by the appellant. The impugned judgment and order of the Single Judge of the High Court of Chhattisgarh dated 28 November 2018 shall stand set aside - The respondent would be at liberty to institute a fresh complaint and since the earlier complaint could not be presented within the time prescribed by Section 142(b) of the NI Act, the respondent would be at liberty to seek the benefit of the proviso by satisfying the trial court of sufficient cause for the delay in instituting the complaint. Appeal allowed. - Criminal Appeal No 1229 of 2022 (Arising out of SLP(Crl) No 1415 of 2019) - - - Dated:- 12-8-2022 - HON'BLE DR. JUSTICE D.Y. CHANDRACHUD AND HON'BLE MR. JUSTICE A.S. BOPANNA For Petitioner(s) Mr. Par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not have the resources to defend his rights before this Court by engaging counsel. In the circumstances, by an order dated 15 July 2020, the Registry was requested to appoint counsel from the panel of legal aid advocates. 5. The issue which is raised in this appeal is no longer res integra and is covered by a three-Judge bench decision of this Court in Yogendra Pratap Singh v Savitri Pandey and Another (2014) 10 SCC 713 . Two issues were formulated for decision before the three-Judge Bench, which were: 1.1. (i) Can cognizance 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 b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l under law. As a matter of fact, Section 142 of the NI Act, inter alia, creates a legal bar on the court from taking cognizance of an offence under Section 138 except upon a written complaint. Since a complaint filed under Section 138 of the NI Act before the expiry of 15 days from the date on which the notice has been served on the drawer/accused is no complaint in the eye of the law, obviously, no cognizance of an offence can be taken on the basis of such complaint. Merely because at the time of taking cognizance by the court, the period of 15 days has expired from the date on which notice has been served on the drawer/accused, the court is not clothed with the jurisdiction to take cognizance of an offence under Section 138 on a com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of receipt of notice issued under clause (c) of the proviso to Section 138 is not maintainable, the complainant cannot be permitted to present the very same complaint at any later stage. His remedy is only to file a fresh complaint; and if the same could not be filed within the time prescribed under Section 142(b), his recourse is to seek the benefit of the proviso, satisfying the court of sufficient cause. Question (ii) is answered accordingly. 9. We are of the view that the respondent would be entitled to the benefit of the determination on the second issue, as extracted above. 10. Hence, the following order: (i) The impugned judgment and order of the Single Judge of the High Court of Chhattisgarh dated 28 November 2018 shall ..... X X X X Extracts X X X X X X X X Extracts X X X X
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