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TMI Blog2019 (2) TMI 545X X X X Extracts X X X X X X X X Extracts X X X X ..... 4029 of 2010 before the Court of XVIII, Metropolitan Magistrate at Saidapet, Chennai is restored to the file of the Trial Court and the Trial Court shall proceed with the matter in accordance with law after affording sufficient opportunity to both the parties. - CRIMINAL APPEAL Nos. 26-27 OF 2019 (@ SPECIAL LEAVE PETITION (CRL.)NOS. 6789-6790 OF 2015) - - - Dated:- 8-1-2019 - R. BANUMATHI And INDIRA BANERJEE, JJ. JUDGMENT R. BANUMATHI,J. Leave granted. 2. These appeals arise out of the judgment and orders dated 14.11.2011 in Crl.O.P.No. 20401 of 2011 and 15.12.2014 in Crl.O.P.S.R.No. 55782 of 2014 passed by the High Court of Judicature at Madras in and by which the High Court has quashed the criminal complaints filed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otice dated 25.01.2010 is not maintainable. The High Court quashed the complaint by holding that the amount has been specifically mentioned in the first notice and, thereafter, the complainant himself has postponed the matter and issued the second notice on 25.01.2010 and the complaint filed on the same cause of action was not maintainable . 5. We have heard Mr. K.K. Mani, learned counsel appearing on behalf of the appellant as well as Mr. B. Karunakaran, learned counsel appearing on behalf of the respondents. 6. The issue involved whether the prosecution based upon second or successive dishonour of the cheque is permissible or not, is no longer res integra. In Sadanandan s case it was held that while second and successive presentati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the drawing up of such a negotiable instrument. It was intended to enhance the acceptability of cheques in settlement of liabilities by making the drawer liable for penalties in case the cheque was dishonoured and to safeguard and prevent harassment of honest drawers. (See Mosaraf Hossain Khan V. Bhagheeratha Engg. Ltd. Reported in (2006) 3 SCC 658; C. C. Alavi Haji v. Palapetty Muhammed reported in (2007) 6 SCC 555 and Damodar S. Prabhu v. Sayed Babalal H. reported in (2010) 5 SCC 663. Having said that, we must add that one of the salutary principles of interpretation of statues is to adopt an interpretation which promotes and advances the object sought to be achieved by the legislation, in preference to an interpretation which defeats ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y a person who has issued a cheque which is dishonoured and who fails to make payment despite statutory notice served upon him should be immune to prosecution simply because the holder of the cheque has not rushed to the court with a complaint based on such default or simply because the drawer has made the holder defer prosecution promising to make arrangements for funds or for any other similar reason. There is in our opinion no real or qualitative difference between a case where default is committed and prosecution immediately launched and another where the prosecution is deferred till the cheque presented again gets dishonoured for the second or successive time. (underlining added) 8. In the present case as pointed out earlier that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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