R.M. KUMAR Vs. A.J. PRABHAKARAN

JUDGEMENT

(1.) THE interesting question that arises for consideration in these revisions is whether the payee or holder in due course of a dishonoured cheque can validly initiate prosecution for an offence under S. 138 of the Act with reference to the second cause of action if he had not taken advantage of the first cause of action accrued to him and prosecuted the offender in time?

(2.) IN other words, the question is can successive cause of action for prosecution arise on the basis of the one and the same cheque, if the payee or holder in due course has failed to initiate prosecution on the first cause of action?

(3.) SINCE the parties as well as issue raised in these revisions are same, these revisions are disposed of by a common order.