S. 138 NI Act | Complainant Can't Be Left Remediless Merely Because He Filed 'Premature' Complaint For Cheque Dishonour: Rajasthan HC

The Rajasthan High Court addressed the issue of whether a second complaint can be filed in a cheque dishonor case under Section 138 of the Negotiable Instruments Act. The Court ruled that filing a second complaint is not permissible if the first complaint has already been dismissed, citing the principle of res judicata. This ruling clarifies that once a complaint is dismissed for any reason, it cannot be refiled on the same grounds. The Court emphasized the importance of adhering to legal procedures to prevent abuse of the judicial system and reiterated the need for finality in criminal proceedings related to cheque dishonor cases.