ObjectiveMcq
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In which judgment, the Hon'ble Supreme Court laid down that a complaint based on a second or successive dishonour of cheque is maintainable, if no complaint based on an earlier dishonour of cheque followed by statutory notice issued on the basis thereof had been filed?
Correct Answer: A — (2013) 1 SCC 177, M.S.R. Leathers Vs. S. Palaniappan & Anr.
The correct answer is (2013) 1 SCC 177, M.S.R. Leathers Vs. S. Palaniappan & Anr.
In MSR Leathers vs. S. Palaniappan (2013) 1 SCC 177, the Supreme Court held that nothing in Section 138 forbids the holder of a cheque from making successive presentation and instituting a criminal complaint based on the second or successive dishonour.
The Court observed: We have no hesitation in holding that a prosecution based on a second or successive default in payment of the cheque amount should not be impermissible simply because no prosecution based on the first default which was followed by statutory notice and a failure to pay had not been launched.