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TMI Blog2019 (3) TMI 1018X X X X Extracts X X X X X X X X Extracts X X X X ..... d order is set aside. Sequitur to the same is that the appeal filed by the respondent before the Appellate Court shall stand restored - matter is remitted to the Appellate Court for reconsideration of the appeal on merits. - CRL.REV.P. 244/2016 - - - Dated:- 15-3-2019 - MR. SANJEEV SACHDEVA J. Advocates who appeared in this case: For the Petitioner: Mr. Mridul Jain, Advocate with petitioner in person. For the Respondent: Ms. Kusum Dhalla, APP for the State. Mr. Sunil Kumar, Advocate for respondent No.2. JUDGMENT SANJEEV SACHDEVA, J. (ORAL) 1. Petitioner impugns judgment dated 27.01.2016, whereby, the Appellate Court set aside the order of conviction under Section 138 Negotiable Instrument Act on the ground th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs vs. S. Palaniappan And Anr.: (2013) 1 SCC 177, whereby, on a reference to a larger Bench, the three Judge Bench has held as under:- 21. There is, in our view, nothing either in Section 138 or Section 142 to curtail the said right of the payee, leave alone a forfeiture of the said right for no better reason than the failure of the holder of the cheque to institute prosecution against the drawer when the cause of action to do so had first arisen. Simply because the prosecution for an offence under Section 138 must on the language of Section 142 be instituted within one month from the date of the failure of the drawer to make the payment does not in our view militate against the accrual of multiple causes of action to the holder of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se 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. ***** ***** ***** 33. In the result, we overrule the decision in Sadanandan Bhadran's case (supra) and hold that prosecution based upon second or successive dishonour of the cheque is also permissible so long as the same satisfies the requirements stipulated in the proviso to Section 138 of the Negotiable Instruments Act. The reference is answered accordingly. The appeals shall now be listed before the regular Bench for hearing and disposal in light of the observations made above. 7. The larger Bench of the Supreme Court h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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