RAMESH CHATURVEDI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned AGA for the State

(2.) This appeal has been filed challenging the judgment and order dated 18.08.2021passed by the Presiding Officer of the Additional Court, Faizabad relating to Complaint Case No. 5798 of 2016 (Ramesh Chaturvedi versus Pawan Kumar Shukla), under Ss. 138 of the Negotiable Instrument Act, 1881, Police Station Kotwali Ayodhya, District Faizabad.

(3.) It has been submitted by the learned counsel for the appellant that the learned trial court has rejected the complaint of the appellant holding it to be pre-mature. He has referred to Sec. 138 proviso B and C of the Negotiable Instrument Act and has observed that after receipt or service of legal notice/demand notice to the drawer of the cheque he can make the payment within fifteen days thereafter. The payee of the cheque, however, has not waited for the mandatory fifteen days and filed a compliant pre-maturely.