Cheque dishonour and statutory notice: repeated presentment does not create a fresh cause of action after notice is issued.

Repeated presentation of a cheque may permit a fresh presentation while the cheque remains valid, but once a notice under Section 138 of the Negotiable Instruments Act is issued after dishonour, that statutory course is exhausted and later presentments do not create a fresh cause of action. A complaint can be instituted only after dishonour, service of notice, and expiry of the fifteen-day payment period; filing it before that period ends means the complete cause of action has not accrued. The article therefore treats a complaint filed before expiry of the notice period as premature and not maintainable.

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Issues: Whether repeated presentation of the cheques and their successive dishonour gave the complainant a fresh cause of action to maintain the complaint under Section 138 of the Negotiable Instruments Act, and whether the complaint filed before expiry of the statutory notice period was maintainable.

Analysis: The statutory scheme under Sections 138 and 142 requires dishonour of the cheque, issuance of notice within the prescribed time, and failure of the drawer to make payment within fifteen days of receipt of such notice before a complaint can be instituted. Repeated presentation of a cheque during its validity may create a fresh right to present the cheque again, but once notice under Section 138 is issued after dishonour, the complainant exhausts that course and cannot claim a fresh cause of action on later presentments. The complaint in the case was filed before the expiry of the fifteen-day period after notice and was therefore not preceded by the accrual of a complete cause of action.

Conclusion: Repeated dishonour did not give rise to a fresh cause of action after notice was issued, and the complaint was premature and not maintainable.

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