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2014 (10) TMI 1057 - HC - Indian LawsDishonor of Cheque - whether such presentation of the cheque for the second time and then to lodge a complaint on dishonour, was permissible? - HELD THAT:- There is no doubt what so ever that a prosecution based upon a second or successive dishonour of the cheque is permissible as long as the same satisfies the requirements stipulated in the proviso to Section 138 of the NI Act - Incidentally, a finding by the appellate court that the petitioner had suppressed the fact of the cheque having been dishonoured in the first instance, is also incorrect. As may be seen from the sworn statement of the petitioner before the trial court, this fact has been stated. Accordingly, in the present case on hand, as the complainant was well within his right to have made a second presentation of the cheque in question and the complaint filed upon dishonour and failure to meet the demand under a notice issued thereafter, cannot be said to be bad in law. The appeal is allowed.
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