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.

JUDGMENT :

1) The petitioner has challenged the complaint filed by the respondent against him alleging commission of offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the NI Act). Challenge has also been thrown to order dated 26.07.2022 passed by learned Special Mobile Magistrate (Sub Judge), Pulwama (hereinafter referred to as “the trial Magistrate”), whereby cognizance of the offence has been taken and the process has been issued against the petitioner.

2) It appears that the respondent/complainant filed a complaint before the learned trial Magistrate alleging commission of offence under Section 138 of NI Act against the petitioner. It was pleaded in the complaint that the respondent/complainant approached the petitioner for purchase of land located at Looswani and the petitioner agreed to sell the land to the respondent for an amount of Rs.20.00 lacs. It was further pleaded that it was revealed during verification that the land is mortgaged to the bank, as such, the complainant/respondent requested the petitioner/accused to refund the sale consideration of Rs.20.00 lacs which he had already paid to the petitioner. According to the respondent/complainant, for repaying the amount of sale consideration, the petitioner/accused issued four cheques for an amount of Rs.5.00 lacs each dated 5^th May, 2022, 10^th May, 2022, 15^th May, 2022 and 20^th May, 2022 in favour of the respondent/complainant. It was further pleaded that the respondent/complainant deposited these cheques with his banker i.e. J&K Bank Branch office Parigam Pulwama on 21.06.2022, but the same were returned unpaid due to insufficiency of funds. Thereafter the respondent/complainant served a single legal notice dated 01.07.2022 upon the petitioner/accused calling upon him to pay the amount in respect of the dishonoured cheques within a period of fifteen days. However, when the petitioner failed to discharge his liability towards the respondent, the impugned complaint came to be filed by him.

3) The learned trial Magistrate, after recording preliminary evidence of the respondent/complainant and after going through the documents annexed to the complaint as also the contents of the impugned complaint, framed a prima facie opinion that the offence under Section 138 of NI Act is made out against the petitioner/accused and, accordingly, vide order impugned dated 26.07.2022, the process was issued against him.

4) The main and only ground urged by the petitioner for impugning the complaint and the order whereby process has been issued against him is that a single complaint in respect of four different cheques is not maintainable. It has been contended that in terms of Section 219 of Cr. P. C, not more than three offences of similar nature committed during the course of one year can be tried together. According to the petitioner, dishonour of each of the cheques constitutes a distinct and separate offence and, as such, it was incumbent upon the complainant to file four separate complaints against the petitioner.

5) I have heard learned counsel for the parties and perused record of the case.

6) As already stated, the only question which is required to be determined in this case is as to whether a single complaint with regard to dishonour of more than three cheques is maintainable.

7) As per Section 219 of the Cr. P. C, when a person is accused of more offences than one of the same kind within the space of