IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2169 OF 2007 Digital Engg. Projects Pvt. Ltd. & Anr. ..... ......Petitioners V/s Asia Pacific Brands (India) Ltd. & Anr. ..... ...Respondents. Mr.Sanjay Gupta i/by Mr.L.S.Deshmukh, Adv. For the petitioners. Mr.Sarang Kotwal i/by Mr.M.S.Mohite, Adv. For the Respdt. No.1. Mr.P.A.Pol, APP for the State. CORAM: A.P.DESHPANDE, J. 13/2/08 PC: The petitioners are accused in a complaint field by the respondent under section 138 of Negotiable Instruments Act. Process came to be issued by the trial Court as it was prima facie satisfied. The order of issue process was challenged by filing revision before the Sessions Judge and rejection of revision has given rise to the filing of present writ petition. Learned counsel for the petitioners has submitted that the cheque was issued on 12.7.06 by the petitioners in favour of the respondent. Same was presented on 13.7.06 and came to be dishonoured on account of instructions given by the petitioners for stop payment. The same cheque was thereafter deposited on 28.12.06 and again came to be dishonoured on 29.12.06. The respondents thereafter issued notice demanding payment as is contemplated under section 138 of the 1 act and as the petitioners failed to make payment despite demand a complaint had been filed. Learned counsel for the petitioners has submitted that a cheque cannot be presented for the second time if dishonoured on account of instructions of stop payment. It is settled position that a cheque can be presented on more than one occasion and the cause of action would arise only when a notice is served after dishonour of the cheque. Learned counsel for the respondents has placed reliance on a judgment in the case of Sadanand Bhadran v/s Madhavan Sunil Kumar, (1998) 6 SCC 514. In this view of the matter no case is made out for quashing of process or complaint. Writ petition thus stands summarily dismissed. Having regard to the fact that the writ petition is being summarily dismissed I clarify that all grounds raised this petition are open to be agitated by the petitioners before the trial Court. 13.2.08 2