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.”
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