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YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     16 January 2011

Two cases of NI 138 between same parties.

Two cheques bounced within a span of three months by tenant. The landlord filed two separate cases.What procedure to be follwed for joint trial since the transections is same beween same parties.



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 5 Replies

N.K.Assumi (Advocate)     16 January 2011

It can be clubbed together and dispose off in one hearing.

CHANDAN MAHAPATRA (COMPANY SECRETARY)     16 January 2011

1. A aggrieved person has a right to file as many compiants as many cheques were given to him inasmuch as every cheque issued provides for fresh cause of action. (Venkatesh Dutt v M/s. MS Shoes East Limited (2004).

2. S.219 of CrPC permits clubbing of three offences of the same kind in one proceeding and thus it is generally accepted that a compliant can be filed on 3 cheques at a time.

3.It has been held that where a series of cheques issued by the same drawer to the same payee are dishonoured for want of funds, the payee has the option to choose the cheque on which he seeks to prosecute the drawer u/s.138 as, otherwise, he may be contravening S.219 of the CrPC, which does not permit the clubbing of more than 3 instances in one transaction.

k.kumar raja (advocate)     17 January 2011

n.k.asssumi is correct.

Jaimin Desai (Advocate)     21 January 2011

JUST GIVE NE APPLICATION UNDER SEC. 219,220 OF CR.P.C. TO THE COURT AND SUBMIT YOUR PRAYER TO CLUB BOTH THE COMPLAINTS AS THEY ARISE BETWEEN THE SAME PARTIES AND WITHIN 1 YEAR. A VERY GOOD JUDGEMENT IS ALSO THERE IN THE YEAR OF 2004 OR 2005 OF DELHI HIGH COURT ON THIS ASPECT. GO THROUGH IT U WILL GET EVERYTHING IN IT. 

BHARTI KOTHARI (practising advocate)     08 May 2021

WHAT IF 2 SEPERATE DEMAND NOTICES ARE ISSUED AND i WANT TO FILE SINGLE COMPLAINT.


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