( 1 ) SHRI Madan Mohan, the petitioner herein, hasassailed the order of the Metropolitan Magistrate dated 6/12/1991 on the ground that the Magistrate fell in grave error in observing that thecheque issued by the drawer cannot be presented more than once in order toattract the provisions of Section 138 of the Negotiable Instrument Acjt (hereinafter called as the "act" ).

( 2 ) IN order to appreciate the contentions of the parties, the brieffacts are that the petitioner along with his son is the owner of the premisessituated in 0-4, Swastik Bhawan, Ranjit Nagar, Commeral Complex, nearsatyam Cinema, New Delhi-8. The respondents took this commercialpremises of the petitioner on tenancy on a monthly rent of Rs. 137. 00persquare feet made of Rs. 12. 00. The rent for structure of the premises ofre. l. 00 as the rental for the fittings and fixtures therein. The tenancy wasmade for 33 months. The rent agreed to be paid every month came tors. 3,744. 00andrs. 624. 00. The respondent issued a cheque for Rs. 7,488. 00as an initial payment and thereafter the payment became irregular even thecheque when presented was dishonoured with the remarks "refer to drawer". It is further the