The petitioner herein has challenged the proceedings in S.T.C.No.156 on the file of the learned Judicial magistrate No.4, Tirunelveli under Section 138 of the Negotiable Instrument Act.

2. The learned counsel for the petitioner would submit that the petitioner has obtained the cheque dated 01.12.2013 for a sum of Rs.23,04,504/-, which was represented on 03.12.2013 and it was returned as insufficient funds. But, without intimating the same, the respondent once again represented the cheque for encashment on 07.02.2014, which was also returned as insufficient funds and then only, he issued notice under Section 138(b) of the Negotiable Instrument Act and hence, the second presentation before the bank is barred. For the said reason, he relied on the decision in Sil Import, USA Vs. Exim Aides Silk Exporters, Bangalored reported in (1999) 4 SCC 567 and another decision in M/s. Devi Packaging Industries, Chennai and Etc. Vs. M/s. Bazargaon Paper & Pulp Mills Pvt. Ltd., Nagpur reported in 2010(1) TNLR 36 (Bom). He would further submit that the fact of presentation of the cheque at the first time on 03.12.2013 has not been mentioned in the statutory notice as well as the complaint and i