Complaint under section 138 of ni act read with 219,220 crpc

Uday Kumar (Querist) 04 September 2021 This query is : Resolved
Dear Expert

1. We have received 12 cheques against the 4 invoices and all 12 cheques deposited at one time and after bounced one composite note has been sent ..
2. Further to that Party came and issued letter and Signed Settlement Agreement
3. Now one Complaint for all 12 cheques have been filed in the Court
4. Now Court is of the Veiw that as per section 218 , 209 and 220 this Complaint is not maintainable as we can file the complaint with maximum 3 similar offence together, since transection is different hence this complaint is not maintainable

Kindly advise with judgment so that we could save this complaint.

With Regards
Uday Kumar

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Quick Summary

A user is seeking advice on a complaint filed under Section 138 of the Negotiable Instruments Act, read with Sections 218, 219, and 220 of the Criminal Procedure Code. The court believes a single complaint for 12 bounced cheques is not maintainable, citing limitations on combining similar offences. Experts suggest this view is incorrect, as a single notice and non-compliance can constitute a single cause of action, and recommend referencing specific Delhi High Court judgments and potentially filing a revision petition.

kavksatyanarayana (Expert) 04 September 2021
What is the opinion of your own counsel?

Dr J C Vashista (Expert) 05 September 2021
Any number of cheques can be clubbed and single complaint be filed.
Delhi High Court case titled "UNIQUE INFOWAYS PVT. LTD. vs M/S MPS TELECOM PRIVATE LIMITED" decided on 14.03.2019 be referred.

Pradipta Nath (Expert) 05 September 2021
If Court is of the view then better to move a petition in this regard and let the petition be dismissed. Get the certified copy of the order and file revision while referring the judgement. Aside also file an adjournment petition in that Lower Court. But it is always preferable to properly go through the documents and case law. Please don't hesitate to engage a competent Advocate if situation calls for!

Advocate Bhartesh goyal (Expert) 05 September 2021
Courts view is not correct, accused had committed a single offence since single notice for dishonour of 12 cheques issued and notice was not complied with by accused within statutory period hence cause of action arose. to complainant to file compliant.secs 218,209&220 are wrongly interpreted by court.

P. Venu (Expert) 05 September 2021
Facts posted suggest that the trial has only taken a view, but has not decided the matter. As such, you bring the decisions as suggested by learned expert Mr. Vashista to the notice of the Court.

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