138 of n. i. act

Querist : Anonymous (Querist) 20 January 2024 This query is : Resolved
Respected Experts,
in a 138 matter, the accused a (Proprietary concern) in the beginning of their business, has issued four cheques from two different accounts towards the security. The Complainant has deposited all four cheques without intimation. out of four cheques two cheques were returned with reason "Funds insufficient" and the other two cheques were returned with remark "Account Blocked (situation covered in 21-25).
The complainant has filed a single complaint in respect of all four cheques.
can the complaint u/s. 138 of N. I. Act be maintainable?
Please guide me. Thanks in advance.

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Quick Summary

A proprietary concern issued four security cheques from two accounts. Two bounced for insufficient funds, and two were returned due to a blocked account. The complainant filed a single complaint for all four cheques under Section 138 of the Negotiable Instruments Act. The key question is whether this single complaint is maintainable. Generally, multiple cheques can be included in one complaint if they relate to the same transaction and are issued by the same person, but the exact number that can be clubbed may depend on whether the transactions are distinct or part of a single series.

kavksatyanarayana (Expert) 20 January 2024
I opine that no more than three cheques can be clubbed in one complaint under section 138 if the act committed is not in the series but in the form of the same transaction and should be done by the same person.

T. Kalaiselvan, Advocate (Expert) 21 January 2024
In cheque bounce case if the transaction is same and there are many cheques, one can file a single case for all of them. And if the transactions are different then in that case not more than 3 cheques can be clubbed together in one case.

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