9911796707
TMI Blog2023 (11) TMI 745X X X X Extracts X X X X X X X X Extracts X X X X ..... e complainant in the complaint mentions of issuance of cheques in pursuance to the transactions between him and the accused. The provisions of Section 219 Cr.P.C would apply in the case in hand so as to knock out the case of the complainant wherein seven cheques have been mentioned to have been issued and get dishonoured cannot be adjudicated upon in the present petition. The Court is of the view that the revisional court has erred in stating that the facts disclosed in the complaint constitute one offence and that Section 219 Cr.P.C has no application in the present case as it is a matter of trial whether the cheques in question could be clubbed in a single complaint. The Court will not entertain the petition under Section 482 Cr.P.C u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mplaint if to be filed under Section 138 of the Negotiable Instruments Act as Section 219 (1) of the Code of Criminal Procedure ordains so. 3. The complaint stands filed against the petitioner herein wherein it is stated that the seven cheques issued in favour of the complainant by the accused on different dates stand dishonoured when presented on the dates specified in the cheques. The memo regarding dishonour of cheques was returned on 02.11.2000. It is also submitted in the complaint that the legal notice was also issued to the accused for payment of cheques. Further that the parties were having business transaction of carpets for last five years and during course of the business an amount of Rs. 12 lacs became due to the complainant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that . 7. Learned counsel appearing for the petitioner/accused has of course argued in terms of what has been pleaded in the present petition. 8. The main argument of the learned counsel for the petitioner is that a single complaint could not have been filed for seven cheques as transaction for each cheque is different and in any case in terms of Section 219 Cr.P.C, the complainant could file a single complaint for three cheques. 9. Learned counsel appearing for the respondents, on the other hand, has argued that the complaint is very much maintainable under Section 138 of the Negotiable Instruments Act as the seven cheques though issued on different dates a single notice was issued to the accused for those seven cheques and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one cannot be finally determined by this Court at this stage though the complainant in the complaint mentions of issuance of cheques in pursuance to the transactions between him and the accused. The provisions of Section 219 Cr.P.C would apply in the case in hand so as to knock out the case of the complainant wherein seven cheques have been mentioned to have been issued and get dishonoured cannot be adjudicated upon in the present petition. The Court is of the view that the revisional court has erred in stating that the facts disclosed in the complaint constitute one offence and that Section 219 Cr.P.C has no application in the present case as it is a matter of trial whether the cheques in question could be clubbed in a single complaint. Wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
