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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
SANJAY DHAR, J
Fayaz Ahmad Rather – Appellant
Versus
Tariq Ahmad Wani – Respondent
| Table of Content |
|---|
| 1. complaint filed for dishonoured cheques (Para 1) |
| 2. details of the transaction and cheques (Para 2) |
| 3. trial magistrate's opinion on the offence (Para 3) |
| 4. petitioner's argument on maintainability (Para 4 , 5 , 7 , 8 , 9) |
| 5. determining maintainability of single complaint (Para 6) |
| 6. requirements for offence under section 138 (Para 10 , 11) |
| 7. single cause of action for complaint (Para 12 , 13) |
| 8. high courts' consistent view on complaints (Para 14) |
| 9. supreme court's ruling not applicable (Para 15) |
| 10. petition dismissed (Para 16 , 17) |
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
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....
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.
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....
: : (1) Dishonour of cheques – Single complaint in respect of all six cheques is definitely maintainable – Merely because one of cheques which is subject matter of impugned complaint, had become stal....
The Court emphasized the need for disputed questions of facts to be resolved through trial and due adjudication by the Trial Court, and not by the High Court at the stage of summoning order.
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