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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH
Balachandran S/o. Krishnan – Appellant
Versus
Sajan Mathew S/o. P.J. Mathew – Respondent
| Table of Content |
|---|
| 1. maintainability of a single complaint for multiple cheques. (Para 1 , 2) |
| 2. court's dismissal of the petition regarding maintainability. (Para 3 , 15) |
| 3. provisions of section 218 cr.pc on separate charges. (Para 4 , 5 , 6) |
| 4. criteria determining 'same transaction' for consolidating charges. (Para 7 , 8 , 9) |
| 5. legal standard for treating offences as part of 'same transaction'. (Para 10 , 11 , 12 , 13 , 14) |
ORDER :
G.GIRISH, J.
Can there be a criminal prosecution for the commission of offences under Section 138 of the Negotiable Instruments Act,1881(in short, ‘NI Act’) in a single complaint for the dishonor of four cheques for which the complainant had issued a consolidated single notice under (b) of the NI Act? This is the precise legal issue to be resolved in this case.
2. The petitioner herein is being prosecuted by the first respondent under Section 138 of the NI Act for the dishonour of four cheques dated 10.02.2018, 10.03.2018, 25.02.2018 & 25.03.2018 for the amounts of Rs.25,000/-, Rs.25,000/-, Rs.1,25,000/- & Rs.1,00,000/-, respectively. The aforesaid cheques were said to have been issued by the petitioner, along with another cheque dated 10.01.2018 for an amoun
Joint prosecution for multiple cheque dishonours is permissible if they arise from a single transaction under the Negotiable Instruments Act and may be tried together as per the Code of Criminal Proc....
A single complaint for dishonour of multiple cheques is maintainable under Section 138 of the NI Act if they arise from a single transaction, and account blockage does not exempt liability.
A single complaint for dishonour of multiple cheques is maintainable if a consolidated notice of demand is served, as they constitute one offence upon failure to pay.
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.
: Offences under Section 138 of NI Act and Section 420 of IPC are distinct from each other and principle of double jeopardy or rule of estoppel does not come into play.
(1) Dishonour of cheque – Once a settlement agreement has been entered into by parties, proceedings in original complaint cannot be sustained and a fresh cause of action accrues to complainant under ....
A single complaint is maintainable for multiple dishonoured cheques issued on the same cause of action, as established by the Supreme Court.
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