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2019 (3) TMI 1018 - HC - Indian LawsDishonor of Cheque - Section 138 of Negotiable Instrument Act - conviction order set aside on the ground that the complaint was not filed immediately after the first notice of default was given to the respondent - Held that:- A complainant is entitled to file a complaint under section 138 Negotiable Instruments Act, based on a second or successive default in payment of the cheque amount, even though he had not initiated prosecution based on the first default, provided that the requirements stipulated in the proviso to Section 138 are satisfied for the second or successive default based on which the prosecution is now launched. The impugned order is set aside. Sequitur to the same is that the appeal filed by the respondent before the Appellate Court shall stand restored - matter is remitted to the Appellate Court for reconsideration of the appeal on merits.
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