CHEQUE CAN BE PRESENTED MORE THAN ONCE:CITATIONS;
· Section 138, Proviso (a) - Presentation of cheque to the bank within a period of six months from the date on which it is drawn - Means cheque to be presented to the Bank on which the cheque is drawn. (Ajay Gupta Vs State of
o Section 138 - Cheque - Can be presented any number of times within the period of validity of cheque - Cause of action for complaint would arise only when pursuant to the dishonour of the cheque notice was issued and the drawer of the cheque failed to make payment. (M.Sharma and Co. Vs S.K.Soni) 1998(1) CIVIL COURT CASES 431 (P&H) : 1998 (1) ALL
o Section 138 - Cheque - Can 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 - Cheque can be presented any number of time - On such dishonour of the cheque a fresh right accrues in favour of the complainant every time and he can enforce that right by initiating proceedings under Section 138 of the Act. (Satish Kumar Premchand Jain Vs Krishangopal) 1994(2) CIVIL COURT CASES 173 (
o Section 138 - Cheque an be presented to Bank any number of times within a period of six months from the date of cheque or within the period of its validity, whichever is earlier, but complaint can be filed for offence only once either after dishonour of cheque for first time or after last dishonour of cheque.(M/s Syed Rasool & Sons & others Vs M/s Aildas & Company & others) 1993 CIVIL COURT CASES 4 (A.P.) : 1990 - 1996 (SUPP.) ISJ (BANKING) 0760 : 1994 (1) BCLR 0111 : 1993 (1) BCLR 0115 : 1993 (78) CC 0738 : 1993 (2) CRIMES 0550 : 1992 CRL. L.J. 4048 : 1992 (3) ALT (CRL.) 0259 : 1993 CC RULINGS 0139 : 1993 (3) KLJ 0228
o Section 138 - Cheque dishonoured - Complaint not filed - Cheque presented again and dishonoured - Complaint filed - Successive dishonour of the cheque on different occasions presented within its period of validity will have to be construed as constituting separate cause of action for the initiation of a prosecution. (Sivashankar Vs Santhkumari) 1993 (SUPPL.) CIVIL COURT CASES 143 (
o Section 138 - Cheque dishonoured - No complaint filed - Cheque presented for the second time and again dishonoured - Prosecution launched on the basis of second dishonour - Prosecution launched is valid. (1991 CIVIL COURT CASES 512 (Kerala) followed). (Richard Samson Sherrat Vs State of
o Section 138 - Cheque dishonoured - No complaint filed - Cheque presented for the second time and again dishonoured - Prosecution launched on the basis of second dishonour - Not valid. (1991 CIVIL COURT CASES 512 (Kerala) overruled) (Kumaresan Vs Ameerappa) 1991 CIVIL COURT CASES 661 (Kerala) : 1991 ISJ (BANKING) 0459 : 1991 (2) BCLR 0196 : 1993 (1) BCLR 0164 : 1991 (74) COMP. CASES 0848 : 1992 (1) CRIMES 0023 : 1991 (1) KLT 0797 : 1992 MWN (CRL.) 0008
o Section 138 - Cheque presented twice and dishonoured - Complaint filed on the basis of second dishonoured - Fact of dishonour of cheque when presented first not mentioned in complaint - Complaint cannot be said to be not maintainable for the reason that no legal action was initiated when cheque was dishonoured for the first time. (K.Annaji Rao Vs N.Krishna Raju Sekhar & Anr.) 2004(3) CIVIL COURT CASES 547 (A.P.)
o Section 138 - Dishonour of cheque - Fresh cause of action accrues on every occasion when cheque is dishonoured - Period for sending notice demanding payment is o be reckoned from the date of receipt of intimation of last presentation. (Rakesh Nemkumar Porwal Vs Narayan Dhondu Joglekar) 1993 (SUPPL.) CIVIL COURT CASES 1 (Bombay) : 1993 ISJ (BANKING) 0251 : 1992 (2) BANKING CASES 0402 : 1995 (2) BANKING CASES 0386 : 1993 CC RULINGS 0511 : 1993 (78) COMP. CASES 0822 : 1993 (1) CRIMES 0268 : 1993 CRL. L.J. 0680 : 1994 (3) BCR 0355 : 1992 (3) CCR 2711 : 1993 (20) CRLT 0306 : 1993 MAHLJ 0630
o Section 138 - Dishonour of cheque - Notice issued - Cheque again presented and again dishonoured - Complaint filed - Held, complaint is barred by limitation - Cause of action can arise only once - As the cause of action first arose on failure to make payment when notice was issued for the first dishonour of cheque second dishonour and service of notice will not give fresh cause of action. (Kiran Overseas Exports Ltd. Vs Air Force Naval Housing Board) 2000(1) CIVIL COURT CASES 368 (P&H) : 2000 ISJ (BANKING) 0347
o Section 138 - Dishonour of cheque - Presented again - Cheque again dishonoured - Notice issued within 15 days of last dishonour - Notice is valid. (Stalion Shox Pvt.Ltd. Co. & others Vs Auto Tensions (P)Ltd. ) 1994(2) CIVIL COURT CASES 73 (
o Section 138 - Prosecution launched on the basis of dishonour of cheque presented for the second time - Held cheque can be presented any number of times within a period of six months of the date of its issuance or within the period of its validity whichever is earlier. (Madan Mohan Vs K.M.Menon & other) 1993 (SUPPL.) CIVIL COURT CASES 35 (
o Section 138 - Repeated representation - It is permitted within six months or within the date of its validity whichever is earlier - Drawee can issue notice on any of the dishonour and on failure of the drawer to make payment can initiate prosecution. (G.Ekantappa Vs State of
o Section 138 - Second presentation of cheque - If the payee does not choose to act on the first presentation, dishonour etc. then payee can represent the cheque and after complying with the requirements of the provision can file a complaint. (S.Ravi Kumar Vs Rajesh Kumar R.Jain) 1995(1) CIVIL COURT CASES 694 (
o Sections 138, 42 - Re-presentation of cheque after lodging complaint - Held, it is open to drawee to present dishonoured cheque again and again to bank during validity period of cheque, even after lodging complaint. (M/s Savitha Enterprises Vs K.Ravindranath Shetty) 1997 (SUPPL.) CIVIL COURT CASES 715 (Kant.) : 1997 (4) ALL
o Sections 138, 141 - Cheque dishonoured - Presented for the second time - Again dishonoured - Notice issued - Payment not made within time - Complaint filed - Held, complaint is maintainable. (Lallu Lal Agrawal Vs Damodar Prasad Gupta) 1997 (SUPPL.) CIVIL COURT CASES 593 (Raj.) : 1997 (3) ALL
o Sections 138, 142 - Cheque - Can be presented any number of times within a period of six months from the date on which it is drawn or within the period of its validity, which ever is earlier - Cause of action arises only on issuance of notice and non payment within 15 days - When notice is issued and payment is not made offence stands committed once for all and complaint has to be filed within a month from the date on which cause of action accrued. (Kishan Lal Vs
o Sections 138, 142 - Cheque can be presented any number of times within its period of validity or within a period of six months from the date of issuance and on each occasion when the cheque is dishonoured the petitioner gets a fresh cause of action to file complaint and the limitation would be computed from that point of time. (Konark Cables Vs Premier Engineering & Electricals) 1995(1) CIVIL COURT CASES 140 (
o Sections 138, 142 - Dishonour of cheque - Cheque can be presented to Bank for collection any number of times during its validity and last dishonour could be treated as cause of action to serve notice on drawer and file complaint under Section 138 - However, if once payee sends notice demanding payment from drawer of cheque then he loses his right to present the cheque again to Bank. (Harshivender Singh VS M/s Bhagat Trading
o Sections 138, 142(b) - Cheque dishonoured - Notice issued - No complaint filed - Cheque again presented on request of accused - Cheque again dishonoured - Drawee competent to prosecute under Section 138 on second dishonour. (Premlata Chaddha Vs Surendra Kumar Soni) 1999(1) CIVIL COURT CASES 70 (M.P.) : 1999 - 2001 (SUPP.) ISJ (BANKING) 0218 : 1998 (3) ALL
· Sections 138 & 142 - Cheque - Can be presented any number of times during period of its validity - Cause of action for initiation of prosecution arises only once that is on failure to pay money by drawer after demand notice - Each presentation and dishonour does not give rise to fresh cause of action but only a fresh right - Once notice under Section 138 is issued and drawee fails to initiate prosecution within time the right to initiate proceedings u/s 138 will be forfeited - Again after fresh presentation of cheque and dishonour and notice thereon prosecution is not permissible. (Sadanandan Bhadran Vs Madhavan Sunil Kumar) 1998(3) CIVIL COURT CASES 202 (S.C.) :
o Section 142 - Cheque when presented more than one time - Limitation - Period of limitation for filing complaint be taken into consideration from last date of dishonour and not from first date of dishonour. (M/s Syed Rasool & Sons & others Vs M/s Aildas & Company & others) 1993 CIVIL COURT CASES 4 (A.P.) : 1990 - 1996 (SUPP.) ISJ (BANKING) 0760 : 1994 (1) BCLR 0111 : 1993 (1) BCLR 0115 : 1993 (78) CC 0738 : 1993 (2) CRIMES 0550 : 1992 CRL. L.J. 4048 : 1992 (3) ALT (CRL.) 0259 : 1993 CC RULINGS 0139 : 1993 (3) KLJ 0228
