Yes. For a draw by repition is does not matter if either side is in check.
Draw by repetition when checked?

I think it
is possible.
I searched about it and I haven't seen somewhere that if it you are checked you can't ask for Draw, if the position is showed three times.
Is that you want to say like the example below?
Here white can easily win, but if he plays those moves, I thin black can ask for draw.
But he can also get the draw after his move and that's the right .
If you do it, your oponent can't decline your proposal.
Is it possible to ask draw by repetition if you are checked?
Assuming 3 times same move was made, black was losing at the end and when white checked it, Black asked Draw. Is that legal?