TMI Blog2010 (1) TMI 1103X X X X Extracts X X X X X X X X Extracts X X X X ..... e, 2006, whereas the complaints were filed on 10th July, 2006. It must, therefore, be held that the complaints were filed beyond the period of limitation and the learned Magistrate erred in taking cognizance on the complaints filed on the basis of the second notices issued on 7th June, 2006. Similarly, the High Court was also wrong in affirming the order of the learned Magistrate. Appeal allowed. - CRL.A. 46 OF 2010 - - - Dated:- 8-1-2010 - Altamas Kabir, G.S. Singhvi, JJ. 1. Delay of 31 days and 39 days in re-filing the Special Leave Petitions is condoned. 2. Leave granted. 3. The short point for decision in these Appeals is whether after the notice issued under clause (b) of Section 138 of the Negotiable Instruments Act, 1881 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h March, 2006. Consequently, the Respondent issued notices as contemplated under Clause (b) of the proviso to Section 138 of the Act asking the Appellant to make payment of the cheque amounts within 15 days. Although, the notice was duly served upon the Appellant, the Respondent did not take any steps to file the complaint within the period prescribed in Section 142 of the Act. On the other hand, the Respondent sent a second notice to the Appellant in respect of the two cheques on 7th June, 2006, and, ultimately, when no response was received to the same, he filed two separate complaints before the learned Additional Chief Judicial Magistrate, Khairagarh, District Rajanandgaon, Chhattisgarh, on which process was issued by the learned Magist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sunil Kumar [(1998) 6 SCC 514], wherein this Court held that the cause of action to file complaint on non-payment despite issue of notice, arises but once. Another cause of action would not arise on repeated dishonour on re-presentation. Learned counsel pointed out that this Court also held that while the payee was free to present the cheque repeatedly within its validity period, once notice had been issued and payments not received within 15 days of the receipt of the notice, the payee has to avail the very cause of action arising thereupon and file the complaint. Dishonour of the cheque on each re-presentation does not give rise to a fresh cause of action. Taking note of the amendment to Section 142(b) of the Act, this Court also held tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of the first notice, it must be held that the delay, if any, in filing the complaint had been condoned by the learned Magistrate in keeping with the proviso to Section 142(b) of the Act. 11. Learned counsel submitted that the decisions cited on behalf of the Appellant had been subsequently considered by this Court in S.L. Constructions vs. Alapati Srinivasa Rao [(2009) 1 SCC 500], in which the decisions of this Court in Sadanandan Bhadran's case (supra) and Prem Chand Vijay Kumar's case (supra), had been noted and considered. 12. Learned counsel submitted that in view of the promise held out by the Appellant and his request to present the cheque for the second time, the Respondent had refrained from taking any action on the basis of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion in S.L. Construction's case (supra) is that of the three notices issued, the first two never reached the addressee. It is only after the third notice was received that the cause of action arose for filing the complaint. In effect, the cause of action for filing the complaint in the said case did not arise with the issuance of the first two notices since the same were never received by the addressee. 16. The provisions of Section 138 and clauses (a), (b) and (c) to the proviso thereof indicate that a cheque has to be presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier. Clause (b) indicates that the payee or the holder in due course of the che ..... X X X X Extracts X X X X X X X X Extracts X X X X
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