TAMEESHWAR VAISHNAV Vs. RAMVISHAL GUPTA

JUDGEMENT

(1.) Delay of 31 days and 39 days in re-filing the Special Leave Petitions is condoned.

(2.) Leave granted.

(3.) The short point for decision in these Appeals is whether after the notice issued under Clause (b) of Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the Act"), is received by the drawer of the cheque, the payee or holder of the cheque, who does not take any action on the basis of such notice within the period prescribed under Section 138 of the Act, is entitled to send a fresh notice in respect of the same cheque and, thereafter, proceed to file a complaint under Section 138 of the Act.