1. 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 S.138 of the Negotiable Instruments Act (for short'the N.I. 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 dishonoured