SUPREME COURT OF INDIA – NEGOTIABLE INSTRUMENTS ACT SECTION 138 – FILING OF COMPLAINT AFTER SECOND NOTICE
Supreme Court of India
Date of Judgement: 26.09.2012
In the result, we overrule the decision in Sadanandan Bhadran’s case (supra) and hold that prosecution based upon second or successive dishonour of the cheque is also permissible so long as the same satisfies the requirements stipulated in the proviso to Section 138 of the Negotiable Instruments Act. The reference is answered accordingly. The appeals shall now be listed before the regular Bench for hearing and disposal in light of the observations made above. (Para 33).
