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2019 (2) TMI 545 - SC - Indian LawsSecond Dishonor of Cheque - insufficient funds - Section 138 of the Negotiable Instruments Act - whether the prosecution based upon second or successive dishonour of the cheque is permissible or not? Held that:- The cheques were presented twice and notices were issued on 31.08.2009 and 25.01.2010 - Applying the ratio of MSR Leathers [2012 (10) TMI 232 - SUPREME COURT] the complaint filed based on the second statutory notice is not barred and the High Court, in our view, ought not to have quashed the criminal complaint and the impugned judgment is liable to be set aside. The Complaint CC No. 4029 of 2010 before the Court of XVIII, Metropolitan Magistrate at Saidapet, Chennai is restored to the file of the Trial Court and the Trial Court shall proceed with the matter in accordance with law after affording sufficient opportunity to both the parties.
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