Separate case can file for same cause
VIMAL KUMAR SURANA
(Querist) 12 February 2012
This query is : Resolved
Respected sir
u/s 138 separate CASE CAN BE FILLED IF THE CHEQUE ARE ISSUED FOR THE SAME PURPOSE BUT CASES ARE FILLED IN THREE COURTS IF NO PLEASE GIVE THE CITATION ON THIS MATTER
SAINATH DEVALLA
(Expert) 12 February 2012
Mr.Vimal kumar,
You have not mentioned whether all the three cheques were dishonoured.If the cheques were given for a particular purpose,A single case has to be filed u/s 138,in the same court.You have not given the contents of the notice given by the complainant.Unless we know the actual facts, views cannot be expressed.
VIMAL KUMAR SURANA
(Querist) 12 February 2012
sir i have given the cheques for security purpose but the party deposited it and dishonored all three cheques and file three suit against me in separate courts in same district court i have granted the bail the case is registered by the court the charge are not framed till but on 14th the court will frame the charge so please advise me can i ask the court to consolidate all three case in one court
1. please give the citation for consolidated case if any is there so i can produced it before the court of law
2. the chq is for security and not any liability i am having written MOU from the party
prabhakar singh
(Expert) 12 February 2012
If three cheques were dishonored on 3 different dates then that is possible to file 3 different cases.
However no cause of prosecution is there against security cheque.Did you put dates on cheque or those were undated.
Raj Kumar Makkad
(Expert) 12 February 2012
So far as first query is concerned, you have no case in your favour especially in view of the fact that cheques dishonoured at different dates cannot be clubbed in one complaint or court case.
So far as the second aspect of your query is concerned, you can make this as a primary issue and may pray to lead argument on this point first. If you have no liability towards the holder of the cheque then the complaint shall be dismissed.
VIMAL KUMAR SURANA
(Querist) 12 February 2012
Resp sir
i read somewhere supreme court articles that if cause of dishonored cheques are same than one single case considered
Advocate. Arunagiri
(Expert) 13 February 2012
Your info is incomplete:-
You gave three cheques for different liabilities or single liability. In other words what is the total liability and what is the total value of the cheque.
You said you got bail, on what grounds you applied for bail.
VIMAL KUMAR SURANA
(Querist) 13 February 2012
i have given cheque for a single liability the total liability was for Rs 3 lacs each cheque issued for 1 lacs in three different month
BAIL i maen JAMANAT
VIMAL KUMAR SURANA
(Querist) 14 February 2012
sir
please help me that the charge frame on me despite i have produced the evidence that the chq so given was not for any liability they are the security chq but cjm court didn't heard me and frame the charge of section 138 today
what i will do will i also file an application of three case of 138 to be consolidates in one court becouse all chq are for same purpose
please advise me
