Negotiable instrument act
BHARTI KOTHARI
(Querist) 09 May 2021
This query is : Resolved
IF i HAVE ISSUED 2 SEPARATE DEMAND NOTICE IN RESPECT OF SOME CHEQUES FORMING PART OF THE SAME TRANSACTION CAN A COMMON COMPLAINT BE FILLED OR I NEED TO FILE SEPARATE COMPLAINT ON THE BASIS OF EACH NOTICE
Advocate Bhartesh goyal
(Expert) 09 May 2021
You can file single complaint on basis of two notice subject to limitation for accrual of cause of action.
Advocate M.Bhadra
(Expert) 09 May 2021
According Section 220(1) Cr.P.C. states that if in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with and tried at one trial for every such offence. Section 220(1) and Section 223(d) Cr.P.C. constitute an exception to Section 218 as well as Section 219 (2) Cr.P.C. Since Section 220 Cr.P.C. is an enabling provision, therefore separate trials in respect of the offence charged are not barred. However, where series of acts are so connected together forming same transaction, accused can be tried in one case by the Court.
In the instant fact that in the present situation the two cheques have been simultaneously presented to the banker on different dates and subsequently dishonour for two cheques, regarding which you have not consolidated notice issued calling upon the drawer to make good the payment of these cheques, so does not arise joinder of the case. Therefore two separate case is preferred.
Pradipta Nath
(Expert) 09 May 2021
If the contention is that all the two cheques which form the subject matter of your complaint is in relation to the same transaction, it is apparent that Section 219 of the CrPC, 1973 would not be an impediment to take cognizance and summon the accused person/s. You can file one complaint case depends upon the circumstances and whereas clubbing of notices into one complainant shall not be anyway decided in one straight cut jacket formula and depends upon case to case, which may please note.
Dr J C Vashista
(Expert) 10 May 2021
Well advised by experts, I agree.
The complaint cases has to be proceeded in accordance with Section 142 / 138 (may or may not be u/s 141 also apply, if it is a case of company) of the Negotiable Instruments Act, 1881.
It is you to form an opinion and decide qua filing of single or two complaint cases, subject to limitation of the case(s).
P. Venu
(Expert) 10 May 2021
Why is it that two cheques hae been issued for the same transaction?
T. Kalaiselvan, Advocate
(Expert) 11 May 2021
If the parties are same and the cause of action is also same, then you can file a single complaint case for all the cheques that have been dishonored at the same instant
