No presenting cheque second time doesnot hamer your case , the cheque in period of its validity can be presented number of times the prosecution can be based on the time the notice was issued and first time cause of action arised.

Also the complaint is well within limitation from one month after the period of notice.

There are number of judgements where supreme Supreme Court has affirmed that during the period of cheque it can be presented any number of.times.

So do not worry there shall be no.defence on this issue by the other party. And court shall not allow any such defence.

Firslty, sir when you deposit a cheque and it gets bounced then there are high number of chances that the other party may come after your legal notice to pay again through a new cheque.

Secondly, and in the interest of to not to increase the burden of judiciary we accept that also.

Thirdly, and if that’s also get bounce then he is considered to me more fault in it.

So you please relax there is nothing for which you need to be worried about.

Good Luck...!

There is no bar on the institution of a case in the above scenario if you present the cheque again in the bank within its validity period, even if no case was filed on a previous occasion of dishonour of the same cheque.

So, it won't hamper your case at all as it is legally permissible.

No it does not hamper your case

You can present the cheque for payment for as many number of times as you wish till the time of validity of cheque

Every fresh cheque bounce gives you a fresh cause of action against payer

you are at liberty to represent the cheque

2) complaint under section 138 Ni is maintainable

3) your complaint would not be dismissed merely because cheque was represented again

4) however you have to issue legal notice that cheque has been dishonoured within period of 30 days of receipt of intimation of dishonour

5) if drawer fails to make payment within 15 days of receipt of notice then only offence is committed .

6) you have not issued any fresh legal notice but filed complaint under section 138 Ni

7) your complaint would be dismissed

it is better you file summary suit under order XXVII of code of civil procedure

you have failed to issue fresh notice of dishonour of cheque . no time was given to drawer to make payment within period of 15 days of receipt of notice

your complaint would be dismissed

Please note that if you had issued fresh notice after presenting cheque for second time ie after 20/08/2017 it would not have hampered your case. Since you failed to issue fresh notice demanding payment of money from the opposite party who issued cheque your case will be dismissed it's better to issue fresh notice and file summary suit under order XXVII of code of civil procedure or for recovery of money suit. You will get three year limitation to file a recovery of money suit.

Sir cause of action for first time even survive if you present it second time, you were not required to give notice on successive terms if you filed complaint on the first time within the limitation. The presentation of cheque for second time won't effect.your case as the cause of action has already arised and you made complaint on same

Fresh notice was required to be issued on dishonour of cheque when re presented

If not done complaint under section 138 NI is not maintainable and accused acquitted

Since you have presented the cheque second time and not sending notice it is bad in law as such court may be at liberty to dismiss the complaint if contention is raised by accused or may reject to take cognizance. You were bound to issue notice after second time dishonor.

Hi, since the complaint was filed within 45 days of first dishonour and after issuing the Legal notice , presenting cheque for the second time does not provide any hinderence to the case ...The complaint is within the statutory period of 138 NI act and is maintanable under the provisions of the act

you can continue with the case before the Magistrate Court

mere presenting the cheque again for encashment when the complaint is already filed with Magistrate court will not hamper your case in any manner

Even the accused will not be able to take any stand on the ground that you presented the cheque a second time, because he defaulted on the second intstance also

This is my response to you:

1. Make sure you get an earlier date of hearing by "mentioning" the urgency in the court;

2. One you get an earlier date let the court assess your facts;

3. You need not worry about the dates of the two cheques etc.;

4. As long as there was intention of the creditor to pay you and the cheuqe bounced, he is criminally liable;

5. You must also complaint to the police station that such activities have happened till date.

As per SUPREME COURT, holder can create cause of auction. subsequent presentation after issuance of notice, doesn't impact your case.

6. Case filled on 1/9/18.

My question is that the act of presenting cheque again on 20/08/17 does hamper my case .

There is no legal infirmity in it, you ca very well proceed with the case under section 138 NI act in this regard.

Please correct case filled on 1/9/17,not 1/9/18.

I came to know that it is a typo error, hence I had given my opinion to that effect.

My question is that the act of presenting cheque again on 20/08/17 does hamper my case

A cheque can be presented for payment to the bank anytime and many times before the expiry of the valid date i.e., three months from the date of ist issue hence the cheque bounce case is very much valid.

If I would have sent second notice then again I would have to give 15 days time, which was not done as then 30 days to file case in responce of first notice would have expired. Also once cause of action has been taken , how it can gain be started again. My fault was to present the cheque again on the request of drawer as I had no reason to believe that drawer had malafide intentions.The case is still under hearing stage and till date cognigence has not been taken.

There is nothing wrong in not issuing the legal demand notice once again when the cheque was bounce for second time.

You may mention in the pleadings that you were requested by the accused to present the cheque second time on the said stipulated date when you presented the same again to the bank for payment.

This mention will be sufficient to cover the limitation period.

This can very well establish the legally liable debt.