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Madhu Mittal (Director)     10 September 2023

Five cases of one transaction u/s 138 n i act at one hearing date

1.In Re Expeditious Trial Of Cases decided on 16 April 2021 SC held at para 24 (5) and 2. Vani Agro Enterprises vs The State Of Gujarat on 5 September, 2019 SC held at para 4.
There are five cases for five monthly instalments of five cheques u/s 138 of same loan transaction against three partners as well as the Firm, in all the cases Summons sent by Regd post were served, so bailable warrants against all three partners were issued. Only in one of five cases, bailable warrants against all three partners were executed. In remaining four cases, bailable warrants against only two partners were executed, on third one could not be executed, so trial is not going on further in four cases. When application as per above SC rulings was filed for deemed service of bailable warrant in all four cases also and conduct trial of all 5 cases on one hearing date, Hon’ble Trial Court asked please let it know how proceedings will be held in all five cases on one hearing date.

Please guide .


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     10 September 2023

It's not necessary to conduct all the cases on the same day.

In other cases the stage is different hence it cannot be combined for joint trial.

You can enquire about further steps from your advocate 

Madhu Mittal (Director)     11 September 2023

Respected Sirji of LawyersclubIndia.  Please provide me the procedure how to conduct trial when five cases of same transaction u/s 138 NI Act  to be heard on same hearing date (not clubbing) as per above Supreme Court decisions, as well as Jayeshbhai Jayantibhai Maniar vs State of Gujarat decided on 26-10-2004 MANU/GJ/0660/2004 =IV(2005)BC208=(2005)2GLR1451.

It is very astonishing that out of so many learned members of this club , no body can guide.

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