IMPORTANT POINT
A single complaint for the dishonor of multiple cheques issued in one transaction is maintainable under the NI Act, despite the provisions of the CrPC.

JUDGMENT :

[1.0] By way of present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”), the petitioners have prayed for the following relief:

“Quash and set aside order passed by learned Additional Senior Civil Judge and Judicial Magistrate, First Class at Surat by an order dated 26.04.2021 in Criminal Case No.23017 of 2021 as being abuse of process of law;”

[2.0] The facts in nut-shell emerging from the record of the case are as follows:

[2.1] Petitioner No.1 is a partnership firm viz. U-Turn and petitioner Nos.2 and 3 are partners of petitioner No.1 – partnership firm and are engaged in the business of optical glasses. Respondent No.2 is the original complainant i.e. Insperson Ink – a partnership firm, who had obtained franchisee of petitioner No.1 firm on 11.09.2019 and as per the franchisee agreement, the complainant firm had made total payment of Rs.72.50 lakh through RTGS and NEFT to the petitioner firm. That, thereafter, when the complainant demanded the amount from the petitioners towards their legally enforceable debt, four cheques were issued.

[2.2] The aforesaid cheques when presented before the Bank by the complainant, came to be dishonored on 22.05.2020 and therefore, the complainant issued a statutory notice on 10.06.2020 which returned as unserved and then the cause of action arose on 28.06.2020 and in this regard, the impugned complaint under Section 138 of the Negotiable Instruments Act, 1881 came to be filed for dishonor of four cheques.

Hence, present petition.

[3.0] Heard learned advocate for the petitioners and learned APP appearing for respondent No.1 – State of Gujarat.

[4.0] The sole contention of the learned advocate for the petitioners is that the learned Additional Senior Civil Judge, Surat without examining the complaint as per the mandate of section 200 of the CrPC and in violation of section 219 of the CrPC has been pleased to take cognizance of the single complaint which has been filed for dishonor of four cheques and issued process against the accused. Therefore, he has requested to allow the present petition.

[5.0] Per contra, learned APP has opposed the present petition and has submitted to reject the present petition in limine.

[6.0] I have given thoughtful consideration to the arguments canvassed by learned advocate appearing for respective parties.

[6.1] In the present case, a very short issue is, as to whether for dishonor of four cheques, one complaint is maintainable or not? Herein, proceedings under Section 138 of the NI Act is initiated at the instance of respondent No.2 – Insperon Ink through its power of attorney holder. The petitioner No.1 – a partnership firm viz. U-Turn entered into transaction with respondent No.2 and four different cheques, having details as mentioned below, for an amount of Rs.72.50 lakh came to be issued.

The aforesaid four cheques came to be dishonored on 22.05.2020 pursuant to which statutory notice came to be issued on 10.06.2020, which was returned as unserved and thus, the cause of action arose on 28.06.2020 and in this regard, complaint came to be filed.

[6.2] Considering the notification issued from time to time by the Ministry of Health and Family Welfare as also the order passed by the Hon’ble Supreme Court in Suo Moto Writ (Civil) No.3/2020 and COVID-19 pandemic and the fact that the complaint is filed on 21.08.2020 i.e. within the period of limitation, the learned Additional Senior Civil Judge, Surat has been pleased to take the cognizance on 26.04.2021.

[7.0] The main ground of the learned advocate for the petitioners is that under Section 219 of the CrPC, if three offences are committed in one year then such three offences of same kind within