Supreme Court of India
Msr Leathers v. S. Palaniappan & Anr.
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What the Court ordered
In the result, their Lordships overruled the decision in Sadanandan Bhadran's case (supra) and held that the prosecution based on second or successive dishonour of the cheque is also permissible so long as it satisfies the requirements stipulated under the proviso to Section 138 of the Act.
Judgment, page 8
From the headnote
Negotiable Instruments Act, 1881 - ss.138 & 142 - Prosecution based on second or successive dishonour of the cheque - Held: Is permissible so long as it satisfies the requirements stipulated under the proviso to s. 138. The respondent issued four cheques to the appellant. The appellant presented those four cheques on 0 21st November, 1996 and on presentation, those cheques were dishonoured. On 8th January, 1997, the appellant sent a notice to the respondent under section 138(b) of the Negotiable Instruments Act, 1881. The respondent duly received the said notice. Subsequent thereto, those
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