JUDGMENT

Altamas Kabir, J. —

1. Delay of 31 days and 39 days in re-filing the Special Leave Petitions is condoned.

2. Leave granted.

3. The short point for decision in these Appeals is whether after the notice issued under clause (b) of Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “the Act”), is received by the drawer of the cheque, the payee or holder of the cheque, who does not take any action on the basis of such notice within the period prescribed under Section 138 of the Act, is entitled to send a fresh notice in respect of the same cheque and, thereafter, proceed to file a complaint under Section 138 of the Act.

4. In S.L.P.(Crl.) No.6676 of 2008 arising out of Criminal Case No.399 of 2006 pending before the Additional Chief Judicial Magistrate, Khairagarh, the Respondent had filed a complaint under Section 138 of the Act, for dishonour of a cheque dated 16th March, 2006, bearing No.0864961 for Rs.40,000/- drawn on the Bank of Maharashtra, Khairagarh Branch, in favour of the Respondent. S.L.P. (Crl.) No.6593 of 2008 is directed against the judgment of the High Court dated 27th March, 2008, in Crl. Revision No.130 of 2006 arising out of Crim