HANUMAN AGGARWAL Vs. SATISH KUMAR

JUDGEMENT

(1.) THIS is revision petition filed by the complainant against the order dated 3.1.1993 passed by the Chief Judicial Magistrate, Faridabad whereby the accused-respondents were discharged in a complaint case for the offence under Section 138 of the Negotiable Instruments Act.

(2.) AS per the complainant, accused had purchased Jamuna Sand from the complainant and issued a cheque bearing No. G/17-410163 dated 4.6.1990 for a sum of Rs. 93,450/- of Syndicate Bank, Faridabad, which was issued by Satish Kumar as Karta of Associated builders, H.U.F. This cheque was presented on 11.10.1990 but it was returned due to insufficient funds. It was again presented on 8.11.1990 and returned on 10.11.1990 by the Bank as dishonoured. Then a legal notice dated 10.11.1990 was issued which was even replied by the respondents-accused vide reply dated 24.11.1990. Complaint was filed 4.12.1990.

(3.) HON 'ble Supreme Court in a repeated in M/s R.S. Traders v. Rita Khanna, 1997(2) RCR 737 (SC) had held that there was no bar in presenting the cheque again and again if it had been dishonoured for want of funds on earlier occasions. The only thing would be that there had been no successive prosecutions or convictions on the strength of one dishonoured cheque.