JUDGMENT

Thomas, J.-Leave granted.

2. The drawer of a cheque clutches on a straw for wriggling out of the clinch of a criminal prosecution he is caught in, but the straw is too fragile to be of any help to him. He thought that a previous notice sent by the payee of the cheque, after it was once bounced, was enough to knock off the prosecution based on a second presentation and second bouncing of the cheque. But neither the trial Court nor the High Court favoured the accused in his endeavour to secure a discharge from the case on the said ground. Thus he has come up with this appeal.

3. Respondent company filed a complaint before the court of a Chief Metropolitan Magistrate against three appellants for the offence under Section 138 of the Negotiable Instrument Act (for short the NI Act) on the following inter alia, allegations :

The third appellant is the Managing Director of the first appellant company of which the second appellant is Vice President. A cheque in a sum of Rs. 50 lacs and another cheque for above Rs. 3 lacs have been drawn by the first appellant in favour of the respondent complainant. The said cheques were presented before the Oriental Bank of Commerce but they were di