In Brief
This criminal appeal concerned whether a complaint under Section 138 of the Negotiable Instruments Act (cheque dishonour) could be filed based on a second statutory notice after successive presentations of dishonoured cheques. The appellant company had issued three statutory notices following cheque dishonours, with the High Court quashing the complaint filed based on the second notice. The Supreme Court held that successive dishonours entitle the holder to file criminal complaints based on later statutory notices. The Court applied purposive interpretation principles and followed the MSR Leathers precedent, holding that there is no qualitative difference between immediate and deferred prosecution. The appeals were allowed and the case was remitted to the trial court.
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