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S. 138 NI Act | Complainant Should Not Be Deprived of Remedy Solely for Filing a 'Premature' Complaint Over Cheque Bounce: Rajasthan High Court

01 Jan 2025 3 min read
S. 138 NI Act | Complainant Should Not Be Deprived of Remedy Solely for Filing a 'Premature' Complaint Over Cheque Bounce: Rajasthan High Court

In an important decision regarding cheque dishonour cases, the Rajasthan High Court recently examined the issue of a premature complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act). The case revolved around a complaint filed before the mandatory 15-day notice period had expired, a scenario that had led to the acquittal of the accused at the lower court level. The High Court set aside the acquittal and…

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