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IN THE HIGH COURT OF RAJASTHAN
NUPUR BHATI, J.
Jagdish Rai - Petitioner
Versus
Laxmi Devi - Respondent
S.B. Criminal Misc(Pet.) No. 6447 of 2021, S.B. Criminal Misc(Pet.) No. 6445 of 2021, S.B. Criminal Misc(Pet.) No. 6450 of 2021
Decided On : 01-12-2023
ORDER ;
(Nupur Bhati, J.)
Since, these misc. petitions involve common cause of action, thus, they are decided by a common order.
2. The petitioner has preferred these criminal misc. petitions with a prayer that the petitioner wants trial for all the offences committed in pursuant to the application filed under Section 219 of Cr.P.C. for the offence under Section 138 of the Negotiable Instruments Act for bouncing of three cheques.
3. Learned counsel for the petitioner submits that all the three FIRs that have been lodged against the petitioner in respect to three cheques issued by the petitioner for the year 2016 and thus, all the three cases related to the offence of same kind and have been committed within 12 months. Learned counsel for the petitioner submits that in light of Section 219 of Cr.P.C., the complaints ought to have been directed to be consolidated and in support of his contention, learned counsel for the petitioner placed reliance upon the judgment dated 17.11.2012 passed in SBCRLMP No.1835/2011 titled as Chand Ratan v. Roop Chand.
4. Per contra, learned counsel for the respondent, opposed the prayer made by the learned counsel for the petitioner, however, he submits that the impugned orders have been rightly passed in favour of the petitioner.
5. Heard learned counsel representing the parties.
6. Upon perusal of the record placed in all the three petitions, it is writ large that the petitioner is being prosecuted for dishonoring of three cheques issued by him in the year 2016. Thus, all the three complaints which have been filed, arise out of dishonor of the cheques issued to the respondents for the same year. The complaint in all these cases, is same and in each of the complaint filed by the complainant, reference is made to all three cheques.
7. Resultantly, these misc. petitions are allowed and it is directed that the trial of these three complaints being complaint Nos.3835/2018, 421/2019 and 3834/2018, pending in the Court of learned Special Judicial Magistrate No.2 (NI Act Cases), Sri. Ganganagar, shall be clubbed together and tried together. The impugned order dated 28.09.2021 passed by learned Additional Sessions Judge No.1, Sri. Ganganagar, is hereby quashed and set aside.
8. Stay petitions are also stand disposed of.
AI
The court affirmed that complaints for similar offences within a 12-month period can be consolidated for trial under Section 219 of the Cr.P.C.
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 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.
A single complaint can be filed for multiple cheques under Section 219 of the Cr.P.C. if they relate to the same transaction, and the presumption of correctness of bank slips under Section 146 of the....
The court's discretion allows the joint trial of multiple complaints under certain conditions to promote judicial efficiency.
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.
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