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Issues involved:
Whether multiple complaints under Section 138 of the Negotiable Instruments Act can be allowed to continue along with the original complaint arising from dishonoring a cheque of a significant amount. Analysis: The main issue in this judgment revolves around the permissibility of allowing multiple complaints under Section 138 of the Negotiable Instruments Act to proceed alongside the original complaint stemming from the dishonor of a substantial amount cheque. The court deliberates on whether a complainant can pursue the original complaint concurrently with additional complaints arising from subsequent cheques issued as part of an agreement or compromise between the parties. The petitioner argued that accepting seven cheques subsequent to the original complaint, during the pendency of the proceedings related to a significant amount cheque, amounted to compounding the offense. The petitioner contended that the subsequent cheques provided fresh cause of action, necessitating acquittal due to compounding of the offense. Contrarily, the respondent's counsel highlighted clause 8 of the agreement, asserting the respondent's right to continue actions under Section 138 for any dishonored cheques issued under the agreement, without waiving the right to pursue the original complaint. The clause preserved the respondent's ability to initiate actions for dishonored cheques under the agreement. The court emphasized the provisions of Section 138, stating that a dishonored cheque gives the aggrieved party the right to initiate proceedings under the Act. The court reasoned that entering into a compromise during the pendency of a complaint extinguishes the cause of action related to the initial cheque, creating fresh causes of action for subsequent dishonored cheques issued as part of the agreement. Furthermore, the court expounded that allowing simultaneous proceedings for the original cheque and subsequent cheques would undermine the purpose of the agreement and render the issuance of fresh cheques meaningless. The court underscored that each dishonored cheque provided an independent cause of action, enabling the aggrieved party to file multiple complaints based on the number of dishonored cheques received. Additionally, the court clarified that Section 138 proceedings are distinct from civil remedies and cannot be converted into civil suits. The court emphasized that parties may compound the offense under Section 138 through agreement, leading to acquittal. Stipulations like clause 8 were deemed to hold no legal value if they contradicted the provisions of Section 138, which hold the drawer accountable for penal proceedings for every dishonored cheque. In conclusion, the court allowed the petition, quashing the complaint related to the significant amount cheque, while permitting the subsequent complaints arising from multiple cheques to continue independently. The judgment clarified the legal implications of entering into agreements during Section 138 proceedings and the significance of fresh causes of action for dishonored cheques issued as part of such agreements.
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