2024 (2) TMI 611 - HC - Indian Laws

Dishonour of 5 Cheque - admissibility of joint trial - cheques were issued by the husband and wife for the same cause of action - insufficiency of funds - whether filing single complaint is maintainable, instead of filing 5 complaints, for 5 cheques? - HELD THAT - The Hon'ble Supreme Court in the DAMODAR S. PRABHU VERSUS SAYED BABALAL H. 2010 (5) TMI 380 - SUPREME COURT has held (B) Dishonour of cheque - Cheques issued in one transaction - Filing of multiple complaints - causes tremendous harassment and prejudice to drawer of the cheque . It has held the complainant should file an affidavit stating that he has not filed any other complaint for the same cause of action. In another case by High Court of Andhra Pradesh, in case of Rajini Chandra Vs State of Andhra Pradesh 2010 (2) TMI 1324 - ANDHRA PRADESH HIGH COURT has taken the similar view, that both the accused have committed same offence in the course of same transaction, as the transaction is arising out of land dealing for which advance was paid and after the settlement, the cheques were issued by both the accused towards discharging the liability which is of legally enforceable debt. Therefore, a joint trial can be conducted. Thus, when all the cheques were issued by the husband and wife for the same cause of action and cheques were dishonoured, a common notice was issued against the accused. Such being the case, instead of filing the multiple complaints, single complaint for dishonour of multiple cheques are maintainable. Therefore, the impugned order of dismissing of the complaint by trial court is liable to be set aside. Accordingly, answered the point raised above in favour of the complainant. This Criminal petition is allowed.

Summary

Issues Involved:
The issue involves the maintainability of a single complaint for the dishonour of multiple cheques issued by the respondents on the same cause of action.

Summary:
The petitioner filed a petition under Section 482 of Cr.P.C. to quash the order of the trial court rejecting a complaint under Section 138 of NI Act for dishonour of 5 cheques. The trial court dismissed the complaint as not maintainable for dishonour of multiple cheques in a single complaint.

The petitioner contended that filing a single complaint for multiple cheques is maintainable under Section 219 of Cr.P.C. The petitioner cited judgments by the Hon'ble Supreme Court and Delhi High Court to support this contention.

The main consideration was whether a single complaint is maintainable for multiple cheques issued by the respondents on the same cause of action. The Hon'ble Supreme Court and High Courts of Andhra Pradesh, Punjab and Haryana, and Delhi have held that a single complaint is maintainable for multiple cheques issued in the same transaction. They emphasized the need for the complainant to disclose that no other complaint has been filed for the same transaction.

The High Court allowed the petition, setting aside the trial court's order and restoring the complaint for further proceedings. The court held that a single complaint for the dishonour of multiple cheques is maintainable when issued by the same parties on the same cause of action.

Separate Judgment Delivered:
No separate judgment was delivered by the judges in this case.