A cheque which has been presented for collection, but was dishonored with the endorsement “insufficient funds”. Aggrieved by the same, first notice is issued demanding repayment of the amount. However, the cheques thereafter were again presented and returned with the endorsement “insufficient funds”. Thereafter, complainant issued a second statutory notice . Since the cheque amount was not being paid, the appellant complainant filed complaint under Section 138 of the Negotiable Instruments Act based on the second statutory notice.
Even though the amount has been specifically mentioned in the first notice and, thereafter, the complainant himself has postponed the matter and issued the second notice and the complaint filed on the same cause of action has been held maintainable.