Cheque re-presentation after account-closed dishonour failed where earlier dishonour was concealed and limitation had already started.

Dishonour of a cheque on the ground that the account was closed falls within Section 138 of the Negotiable Instruments Act, 1881, and a cheque may generally be presented again within the permissible period. However, where the earlier dishonour was suppressed in the statutory notice and complaint, and the second presentation occurred after the first dishonour had already set the limitation framework in motion, the later presentation was treated as an attempt to extend time rather than a bona fide fresh presentation. On those facts, the complaint was not maintainable and the prosecution was held barred by limitation.

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Issues: Whether a cheque, after being dishonoured on the ground of account closed on an earlier presentation that was not disclosed in the statutory notice or complaint, could be presented again so as to save limitation and sustain prosecution under Section 138 of the Negotiable Instruments Act, 1881.

Analysis: Dishonour on the ground of account closed falls within the ambit of Section 138 of the Negotiable Instruments Act, 1881, and in general a cheque may be presented again within the permissible period. However, the earlier presentation and dishonour were suppressed in the notice and complaint, and the second presentation was made after the first dishonour had already triggered the relevant time constraints. On the facts, the second presentation was treated as an attempt to bring the matter within limitation rather than a bona fide fresh presentation. The complaint, therefore, could not be maintained.

Conclusion: The second presentation was not legally sustainable on the facts of the case, and the prosecution was held to be barred by limitation.

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