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2018 (11) TMI 928 - HC - Indian LawsDishonor of Cheque - cheque was issued by the petitioner under compromise - Section 138 of the Negotiable Instruments Act - Held that:- The revisionary jurisdiction of this Court under Section 397 Cr.P.C. is extremely limited and this Court would only interfere in case the petitioners have been convicted and sentenced without examining the material placed on record with a view to ascertain that the judgments so rendered by the learned Courts below are not perverse and are based on the correct appreciation of evidence on record. This Court would definitely interfere in case it comes to the conclusion that there is a failure of justice and misuse of judicial mechanism or procedure or where the sentence awarded is not correct. Maintainability of the complaint on the basis of the cheque presented for the second time, but within six months - Held that:- This issue is no longer res integra in view of three Hon’ble Judges’ bench decision of the Hon’ble Supreme Court in MSR Leathers versus S.Palaniappan and another, [2012 (10) TMI 232 - SUPREME COURT] wherein the earlier decision in Sadanandan Bhadran versus Madhavan Sunil Kumar, [1998 (8) TMI 541 - SUPREME COURT] was over-ruled and it was held that prosecution based upon second or successive dishonour of the cheques is also permissible so long as it satisfies the requirements stipulated in the proviso to Section 138 of the Negotiable Instruments Act. Petition dismissed.
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