Facts:

• M/S. Sicagen India Ltd. was the Appellant and the Complainant in the original suit (hereinafter referred to as the Appellant-Complainant.)
• Mahindra Vadineni & Ors. were the Respondents and the accused in the original suit (hereinafter referred to as Respondent-Accused)
• The Appellant-Complainant engaged in business transactions with the Respondents, who issued 3 dishonoured cheques for "insufficient funds." This prompted the issuance of a repayment notice on 31.08.2009.
• Appellant issued a first notice on 31.08.2009 and a second statutory notice on 25.01.2010 for the payment. Upon the non-payment, the Appellant filed a complaint before the Metropolitan Magistrate at Saidapet, Chennai, under Section 138, based on the statutory notice.
• The Respondent (s)-The accused filed a petition under Section 482 Cr. P.C. before the High Court Judicature of Madras seeking to quash the criminal complaint.
• Aggrieved by the decision of the High Court, the Appellant-Complainant filed an appeal before the Supreme Court.

Background:

Metropolitan Magistrate at Saidapet, Chennai

• The Appellant-Complainant filed a complaint under Section 138 of the Negotiable Instruments Act based on the second statutory notice dated 25.01.2010.

High Court of Madras:

• The Respondent’s -Accused filed a petition under Section 482 Cr.P.C. before the High Court Judicature of Madras, seeking to quash the criminal complaint because it was based on the second statutory notice.
• The High Court quashed the complaint, stating that the amount was explicitly mentioned in the first notice dated 31.08.2009, and issuing a second notice for the same cause of action was not maintainable. Therefore, the complaint was invalid.

Supreme Court of India:

• The Appellant-Plainant filed an appeal against the judgment and orders of the High Court of Madras, which quashed the criminal complaints under Section 138 of the Negotiable Instruments Act.

Main Issue:

• Is the prosecution based upon second or successive dishonour of the cheque permissible? (Paragraph 6)