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138 ni act

Querist : Anonymous (Querist) 08 December 2011 This query is : Resolved 
I AM ACCUSED IN 138 NI ACT MATTER.COMPLAINT HAVE FILED CASE OF RS 2,00,000/-.EACH CHQ OF RS 50,000/-.WHICH MEANS TOTAL FOUR CHQ.MY QUERY IN THIS REGARD IS THAT TRIAL OF FOUR CHQ IN 1 COMPLAINT IS ALLOWED???COULD IT BE POSSIBLE THAT BY MOVING APPROPRIATE APPLICATION 1 CHQ COULD BE REMOVED FROM THE CASE.OR KINDLY GIVE YOUR OPINION IN CASE WHERE MORE THAN 3CHQ COMPLAINT IS FILED???
Nadeem Qureshi (Expert) 08 December 2011
court have power to tried the case
according to Crpc
Section 219
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 1 860) shall be deemed to be an offence of the same kind as an offence punishable under section 380 of the said Code, and that an offence punishable under any section of the said Code, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence.

V R SHROFF (Expert) 08 December 2011
1] YES, trial of any number of Cheque allows in single trial:
It is good for you, otherwise, if Four Complaints were filed, also at different locations, and your Evidence is used, with filling the Lacuna of one case in another proceedings, it might have harm you.
2] NO, unless you go in revision for challenging the Process issued against you, if you have valid reason to do so.
3] Nothing more to add:
You have to defend yourself

What is the stage? You appeared and Plea Recorded? Surety/ Bail/ PR bond filed?
You received Copy of Complaint with Documents/ Claim affidavit of Complaint? [in evidence ] ??
Was it Money Lending transaction , where you issued blank dated cheque for security?
Adv. Shroff
08-12-2011
DEFENSE ADVOCATE.-firmaction@g (Expert) 08 December 2011
It is not clear how many complaints have been filed. Nadeem is right you can move for joint trial if more cases are filed even at different locations.
prabhakar singh (Expert) 08 December 2011
I agree with opinion expressed.
Shonee Kapoor (Expert) 08 December 2011
No reason to differ.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Advocate Bhartesh goyal (Expert) 08 December 2011
I also agree with the views expressed by experts.
Devajyoti Barman (Expert) 08 December 2011
Yes I agree.
DEEPAK ASSOCIATES (Expert) 08 December 2011
One Complaint of 4 cheques can be filed, provided that if

(1) One (Single) Notice has been served in respect of four cheques or more upon accused

(2) if there are separate notices then three cheque can be clubbed in one complaint and the separate complaint of fourth cheque be filled

there are so many citation in this regards

Raj Kumar Makkad (Expert) 09 December 2011
Nothing remains to be added in the thoughtful advices of the experts on this subject.
Shailesh Kr. Shah (Expert) 12 December 2011
Agree upon Nothing remains to be added in the thoughtful advices of the experts on this subject.
Arun Kumar Bhagat (Expert) 22 January 2012
I only agree with Mr. KAPOOR DEEPAK's advice.


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