Second notice – Cause of action – Respondent issued notices, although, the notice was duly served, the Respondent did not take any steps to file the complaint within the period prescribed – Held, a cheque may be presented several times within the period of its validity, the cause of action for a complaint u/s 138 of the Act arises but once, with the issuance of notice after dishonour of the cheque and the receipt thereof by the drawer – Ld. Magistrate erred in taking cognizance on the complaints filed on the basis of the second notices, High Court also wrongly affirmed the same – Appeal allowed, impugned orders set aside.
(SC) Decided on: 08.01.2010