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TMI Blog2024 (5) TMIX X X X Extracts X X X X X X X X Extracts X X X X ..... in Vani Agro Enterprises [ 2019 (9) TMI 1711 - SUPREME COURT ], recommended that a provision be made in the NI Act to the effect that a person can be tried in one trial for offences of the same kind u/S 138 of the NI Act in the space of 12 months, notwithstanding the restriction in Section 219 of the Cr. P.C. However, it did not consider the case where post the dishonour of more than three cheques, a single notice of demand is sent by the payee or the holder in due course of the cheque to the drawer of the cheque. On the other hand, it further held that there is no ambiguity in Section 220 of the Cr. P.C. in accordance with which several cheques issued as part of the same transaction can be the subject matter of one trial. This judgment cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tiable Instruments Act, 1881 (in short, NI Act ), alleging dishonour of four cheques dated 15.07.2019, 15.08.2019, 15.09.2019 and 15.10.2019, however, a single/combined complaint was filed by the respondent qua the dishonour of the aforesaid four cheques, after sending a single/combined legal notice of demand dated 06.11.2019. 4. Placing reliance on Section 219 of the Cr. P.C., the learned counsel for the petitioner submits that the complainant can at best consolidate three offences in a year in a complaint. She submits that, therefore, not more than three cheques could have been consolidated in one complaint by the respondent herein. 5. The learned counsel for the petitioner, placing reliance on the order passed by the Supreme Court in Van ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 8. Section 219 of the Cr. P.C. reads as under:- 219. Three offences of same kind within year may be charged together. ( 1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three. (2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Indian Penal Code (45 of 1860) or of any special or local laws: Provided that, for the purposes of this section, an offence punishable under section 379 of the Indian Penal Code (45 of 1860) shall be deemed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this Act, be punished with imprisonment for [a term which may be extended to two years], or with fine which may extend to twice the amount of the cheque, or with both: Provided that nothing contained in this section shall apply unless-- (a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier; (b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice; i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by placing reliance on various precedents holding that the cause of action giving rise to a complaint is upon the service of notice contemplated under proviso (b) to Section 138 of the NI Act and not upon the dishonour of the cheque and therefore, Section 219 of the Cr. P.C. shall not be applicable where the complaint is based on a single notice being issued under proviso (b) to Section 138 of the NI Act, though for more than three cheques. 14. In Ambica Plastopack Pvt. Ltd. Anr. v. State Anr., 2013 SCC OnLine Del 4416 , this Court reiterated that the cause of action for filing a complaint under Section 138 of the NI Act is the service of notice under Section 138 of the NI Act and not the dishonour of cheques. Therefore, Section 219 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1881, In re, (2021) 16 SCC 116, wherein, the Supreme Court, while upholding the course adopted by the Supreme Court in Vani Agro Enterprises (supra), recommended that a provision be made in the NI Act to the effect that a person can be tried in one trial for offences of the same kind under Section 138 of the NI Act in the space of 12 months, notwithstanding the restriction in Section 219 of the Cr. P.C. However, it did not consider the case where post the dishonour of more than three cheques, a single notice of demand is sent by the payee or the holder in due course of the cheque to the drawer of the cheque. On the other hand, it further held that there is no ambiguity in Section 220 of the Cr. P.C. in accordance with which several cheque ..... X X X X Extracts X X X X X X X X Extracts X X X X
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