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Is complaint filed based on second legal notice after re-presentation of cheque is maintainable?

Is complaint filed based on second legal notice after re-presentation of cheque is maintainable?

Ans.  

Yes, Complaint filed on basis of second legal notice is maintainable. Hon’ble Supreme Court in “Leathers vs. S. Palaniappan and Another” in 2013 held that:

“There is nothing in the provisions of Section 138 of the Negotiable Instrument 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.”

Similiar Questions

Someone filed a case against me for cheque bounce. Is cheque bouncing a criminal offence? Please give me details about this.

Ans.  Yes, Cheque Bounce is a criminal offence. The offence of cheque bounce if dealt under Negotiable Instrument Act and it is a punishable offence. So Drawer/signatory of the cheque can be prosecuted for the offence and can be punished with imprisonment..

What if accused is ready to deposit the cheque amount during the pendency of the complaint?

Ans.  As per Hon’ble Supreme if the Accused is ready to compound the matter and to pay the cheque amount along with interest and other expenses as assessed by the Court by a specified date, the Court is empowered to dismiss the proceedings as provisi..

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