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SANJAY DHAR
Manzoor Ahmad Sofi – Appellant
Versus
Jameel Ahmad Bhat – Respondent
JUDGMENT
Sanjay Dhar, J. - The petitioner has challenged the complaint filed by the respondents against him alleging commission of offence under Section 138 of Negotiable Instruments Act (hereinafter referred to as the NI Act) as also the proceedings emanating therefrom. The impugned complaint is stated to be pending before the Court of Judicial Magistrate, 1st Class, Bandipora (hereinafter referred to as the trial Magistrate).
2. It appears that the respondents filed a joint complaint before the trial Magistrate alleging therein that they are contractors by profession and that the petitioner/accused by way of an agreement had allotted some work to them in partnership. It is further alleged in the complaint that an amount of Rs.17,00,000/ was outstanding against the petitioner as cost of the work executed by the respondents. The petitioner is stated to have issued three cheques, out of which two cheques for an amount of Rs.6.00 lacs and Rs.5.00 lacs were issued in favour of respondent No.1-Jameel Ahmad Bhat whereas one cheque for an amount of Rs.6.00 lacs was issued in favour of respondent No.2-Mohammad Rafiq Bhat. These cheques, when presented for encashment by the respondents were
The absence of provisions for joint complaints under the Code of Criminal Procedure and the NI Act, and the implications of separate causes of action for each complainant influenced the court's decis....
LAW POINTJoint complaint by two or more persons against an accused is not maintainable in dishonour of cheques.
The legal position emanating from above precedents is that it is not obligatory for court to hold joint trial, Section 220 being an enabling provision.
Joint trials are permitted under specific conditions; distinct causes of action prevent consolidation of cases.
The court established that procedural compliance in the trial of complaints under Section 138 of the Negotiable Instruments Act is essential, and issues regarding service of notices and the nature of....
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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