Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

VIKAS WALIA (LAW OFFICER )     17 August 2009

Single complaint for two dishonoured cheques

Hi Everbody ! Although it is possible to file a single complaint against the same accused, in case of dishonour of multiple cheques, however, do we have any judgement on that too, because the Ld. Court has directed to produce the ratio in  this regard.



Learning

 8 Replies


(Guest)

If a single notice is issued for multiple cheque dishonor then there can be only one complaint as the cause of action would arise on the expiry of 25 days of receipt of the notice.  However if seperate notices have been issued then the cause of action may arise on different dates and therefore period of limitation u/s 138 may vary in which case complaint has to be filed with the limitation in mind.  In view of section 219 & 220 Cr.P.C. there should not be any difficulty in filing a single complaint for multiple cheque dishonor and as such in view of the legal provision no ratio may be required.

1 Like

(Guest)

read expiry of 15 days instead of 25 days in the above reply. Please note it is a typing error

amit (lawyer)     20 August 2009

According to section 300 cr.p.c no person could be tried twice for same offence . so, for one dishonour two complaints cannot lie even if date of notice is different.

Sachin Sarda (Lawyer)     08 September 2009

 question of  vikas s, can complainant file 1 complaint for d multiple cheques? on this issue it s v clear that if d cause of action s same i.e. 15 days after receipt of the notice to the accused then complainant can file 1 complaint for the multiple cheques. cause of action will arose after 15days from the receipt of the notice therefore it is require to c whether cause of action is same, and notice for dishonor of cheque is mandatory therefore u can send one notice contending deatils of all d cheques. 

Munendra Kumar Sharma (Advocate)     23 September 2009

if cause of action is same then there is no problem to file a complaint for multiple dishonor cheques.

and court is bound to send summons on the behalf of complaint.

 


Attached File : 19 138 ni act 41 cases of fullerton.doc downloaded: 248 times

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     23 September 2009

According to section 300 cr.p.c no person could be tried twice for same offence,this wont applicable in NI ACT 138 CASES.THE ACT CASES ARE COMPOUNDABLE AT ANY STAGE OF COURT PROCEDINGS.

HENCE ONE COMPLAINT ON EACH NOTICE, MANY NOTICES AND THAT MANY CHQ, THAT MANY COMP CAN BE FILED....OR ONE NOTICE FOR ALL CHQS ONE CASE/COMP CAN B F

Adinath@Avinash Patil (advocate)     25 September 2009

If  one /single ntoice issued For multiple cheque dishonured then cause of action is same then there is no bar to file one complaint for multiple cheque dishonured .

ashok kumar (Social Worker)     24 April 2015

Try to add value to the discussion, with your each post.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading
Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query