Cheque re-presentation can create a fresh Section 138 cause of action after a later dishonour and notice.

A cheque may be re-presented during its validity, and a prosecution under Section 138 of the Negotiable Instruments Act, 1881 can be founded on a later dishonour if the statutory notice is issued and payment is not made within the prescribed time. The offence under Section 138 is distinct from the conditions precedent for taking cognizance, so an earlier dishonour and notice do not exhaust the complainant's remedy. Successive dishonour after compliance with the notice requirement gives rise to a fresh cause of action, and a complaint based on the second dishonour is legally maintainable.

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Issues: Whether a cheque may be presented again after an initial dishonour and whether a complaint under Section 138 of the Negotiable Instruments Act, 1881 can be founded on the second dishonour and the statutory notice issued thereafter.

Analysis: Section 138 creates the offence on dishonour of the cheque, but the proviso and Section 142 postpone cognizance until the statutory notice requirement is satisfied and the drawer fails to pay within the stipulated time. The earlier view that a first notice exhausts the complainant's remedy was not accepted. The governing principle is that successive presentation of a cheque is permissible during its validity, and each dishonour followed by compliance with the notice requirement can generate a fresh cause of action. The distinction between the ingredients of the offence and the conditions precedent for launching prosecution was maintained, and a second or successive dishonour was held not to be barred merely because the cheque had earlier been dishonoured.

Conclusion: The second presentation of the cheque and the complaint based on its dishonour were legally permissible, and the acquittal recorded by the lower appellate court was unsustainable.

Ratio Decidendi: A cheque may be re-presented during its validity, and a prosecution under Section 138 of the Negotiable Instruments Act, 1881 can be maintained on a subsequent dishonour if the statutory notice and payment requirements are satisfied, because successive dishonour gives rise to a fresh cause of action.

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