'Cheque Bounce' Complaint Based On Second Notice After Re-Presentation Of Cheque Maintainable: SC [Read Judgment]

Ashok Kini

17 Jan 2019 1:07 PM IST

“Three-Judge Bench of this Court in 2013 ((1) SCC 177 MSR Leathers vs. S. Palaniappan and Another held that there is nothing in the provisions of Section 138 of the Act that forbids the holder of the Cheque to make successive presentation of the cheque and institute the criminal complaint based on the second or successive dishonour of the cheque on its presentation.”

The Supreme Court has held that a 'cheque bounce' complaint filed based on the second statutory notice issued after re-presentation of cheques, is maintainable. In this case (Sicagen India Ltd vs. Mahindra Vadineni), the three cheques issued by the accused were presented by the complainant, and after they were dishonoured, a notice was issued to the accused on 31.08.2009 demanding...

'Cheque Bounce' Complaint Based On Second Notice After Re-Presentation Of Cheque Maintainable: SC [Read Judgment]

Ashok Kini

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