The bar under Article 20(2) that no person shall be prosecuted and punished for same offence more than once cannot be said to be violated by Section 138.
Magistrate can try and decide that the cheque in question was in discharge of legally enforceable debt and for that he need not refer the matter to civil court and wait decision.
Whether the cheque is post-dated or not is immaterial. It becomes an offence only after the expiry of fifteen days from the date of written demand, if the amount is not paid on that date.
Offence under Section 138 is made when there is dishonor of Cheque drawn in discharge of liability, followed by written demand and failure to make payment.
A fresh right accrues in favour of the complainant every time cheque is dishonorned. Cheque can be presented twice or more times within a peirod of six months or the period of its validity.
Fresh Cause of Action. The payee or holder in due course is at liberty to present the cheque for payment till it is honoured within the period of six months or of its validity.