IMPORTANT POINT
Cases in respect of three cheques for offence u/s 138 of Negotiable Instruments Act could be tried jointly even if cheques had been issued for different amounts if other conditions u/s 219(2) Cr. P.C. were satisfied.

K.G. Balakrishnan, J. - This is an appeal filed by the complainant in C.C. No. 698 of 1991 on the file of J.F.C.M. I, Kannur against the acquittal of the respondent. The complaint was filed under Section 138 of the Negotiable Instruments Act and it was alleged that the respondent had drawn three cheques in favor of the complainant and when they were presented for payment, they were dishonored and thus the respondent committed the offence under the Act. When this appeal came up for hearing before the learned Single Judge, question arose as to whether a single complaint could be filed in respect of three cheques. The learned Single Judge disagreed with the view expressed in Crl. R.P. No. 734 of 19941, and was pleased to refer the matter to a Division Bench.

2. We heard the appellant's counsel and also the counsel for the respondent. The respondent herein was acquitted on the ground that complaint was barred by time. The Magistrate held that as per Section 138(c), the complaint should have been filed within 15 days of the receipt of the notice by the accused.

3. At the outset we may state that the view taken by the Magistrate is incorrect and contrary to the provisions of law. One of the conditions to be fulfilled for filing a complaint under Section 138 of the Act is that the cheque should be presented within a period of six months from the date on which it is drawn or within the period of its validity whichever is earlier. When any cheque presented for payment is dishonored either because of the amount of money standing to the credit of that account is insufficient to honor the cheque or that it exceeds the amount arranged to be paid from that account by an agreement with the bank, the payee or holder in due course of the cheque shall make a demand for payment of the said amount of money. by giving a notice in writing to the drawer of the cheque. The notice shall be sent within 15 days of the receipt of the information by the payee or holder in due course from the bank regarding the return of the cheque as unpaid. On receipt of such notice, if the drawer of the cheque fails to make payment of the said money to the payee or holder in due course within 15 days, a cause of action will arise in favor of the payee or holder in due course for filing a complaint u/s 138. Section 142(b) of the Act says that such a complaint should be filed within one month of the date on which the cause of action arises under clause (c) of the provision to Section 138. The payee or holder in due course gets a further period of one month for filing the complaint from the date on which the cause of action arises. Here the Magistrate held that, the complaint should be filed within a period of 15 days of the receipt of notice by the accused/respondent. The view taken by the Magistrate is not correct.

4. Here the complainant, i.e. the payee of the cheque sent notice to the respondent on 27.7.1991 informing the drawer that the cheques were presented and that they were dishonored and that the amount should be paid by the respondent. In the complaint, it is not disclosed as to when this notice was received by the respondent. However, the respondent had chosen to sent a reply on 6.8.1991 denying his liability. Therefore, it could be assumed that the notice sent by the complainant must have been received by the respondent prior to 6.8.1991. We will assume that the notice was received on 6.8.1991 and the respondent had a further period of 15 days' time to effect payment. But no amount was paid within that date and a cause of action arose in favor of the complainant on 21. 8.1991. The complainant has got a further period of one month in file the complaint. The complaint was filed on 3.9.1991, as we see from the endorsement made in the complaint. But strangely enough the Magistrate had taken the sworn statement of the complainant on 3 91991. When a complaint is filed before a magistrate, the sworn statement of the complainant is to be taken immediately or with