Case Note & Summary
The petitioner, Smt. Sumedha Chitpur, an advocate practicing at District and Sessions Court, Latur, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India seeking directions to the Judicial Magistrate First Class, Latur to club three complaints bearing STCC Nos.2317/2009, 2256/2009 and 2003/2009 together and try them jointly. The petitioner was the original accused, and respondent No.2, Krishnakumar Kulkarni, was the original complainant. The petitioner had borrowed Rs.1,00,000 from respondent No.2 by way of hand loan and issued five blank account payee cheques. After the petitioner's husband expired on 6.11.2008, respondent No.2 allegedly took undue advantage and harassed the petitioner despite full repayment, as blank cheques remained with him. Respondent No.2 deposited the cheques, which were dishonoured, and issued statutory notices. The petitioner replied, denying liability but accepting liability to the tune of Rs.1,00,000 and showing willingness to pay. Respondent No.2 then filed three separate criminal complaints under Section 138 of the Negotiable Instruments Act, 1881. The petitioner appeared on 30.3.2010 and subsequently filed the present petition. The court considered the submissions of the parties and noted that the complaints arose from the same loan transaction and involved the same parties. The court held that to avoid multiplicity of proceedings and abuse of process of law, the complaints should be clubbed together and tried jointly. The court allowed the petition, directing the Judicial Magistrate First Class, Latur to club the three complaints and try them together. Rule was made absolute accordingly.
Headnote
A) Criminal Procedure - Clubbing of Complaints - Joint Trial - Section 219, 220 CrPC - Where multiple complaints under Section 138 of the Negotiable Instruments Act arise from the same loan transaction and involve the same parties, the court may direct clubbing of complaints for joint trial to avoid multiplicity of proceedings and abuse of process of law. Held that the complaints bearing STCC Nos.2317/2009, 2256/2009 and 2003/2009 be clubbed together and tried jointly by the Judicial Magistrate First Class, Latur (Paras 1-6).
Issue of Consideration
Whether three separate complaints under Section 138 of the Negotiable Instruments Act, 1881, arising from a single loan transaction and involving the same parties, should be clubbed together and tried jointly to avoid multiplicity of proceedings and abuse of process of law.
Final Decision
The petition is allowed. The Judicial Magistrate First Class, Latur is directed to club the three complaints bearing STCC Nos.2317/2009, 2256/2009 and 2003/2009 together and try them jointly. Rule is made absolute accordingly.
Law Points
- Clubbing of complaints
- joint trial
- common transaction
- same parties
- Section 138 Negotiable Instruments Act
- 1881
- Section 219 CrPC
- Section 220 CrPC
- multiplicity of proceedings
- abuse of process
Case Details
2010 LawText (BOM) (08) 13
Criminal Writ Petition No.590/2010
Shri P.K. Joshi for petitioner, Shri S.D. Kaldate APP for R1, Shri R.P. Adgaonkar for R2
Smt. Sumedha w/o Sunil Chitpur
State of Maharashtra and Krishnakumar s/o Baburao Kulkarni
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Nature of Litigation
Criminal writ petition under Articles 226 and 227 of the Constitution of India seeking clubbing of three complaints under Section 138 of the Negotiable Instruments Act, 1881.
Remedy Sought
Petitioner (original accused) sought directions to the Judicial Magistrate First Class, Latur to club three complaints bearing STCC Nos.2317/2009, 2256/2009 and 2003/2009 together and try them jointly.
Filing Reason
The petitioner borrowed Rs.1,00,000 from respondent No.2 by way of hand loan and issued five blank account payee cheques. After the petitioner's husband expired, respondent No.2 allegedly harassed the petitioner despite full repayment. Respondent No.2 deposited the cheques, which were dishonoured, and filed three separate complaints under Section 138 of the NI Act.
Issues
Whether three separate complaints under Section 138 of the Negotiable Instruments Act, 1881, arising from a single loan transaction and involving the same parties, should be clubbed together and tried jointly to avoid multiplicity of proceedings and abuse of process of law.
Submissions/Arguments
Petitioner argued that the complaints arise from the same loan transaction and involve the same parties, and clubbing would avoid multiplicity of proceedings and abuse of process of law.
Respondent No.2 opposed the petition, but the court found merit in the petitioner's submissions.
Ratio Decidendi
Where multiple complaints under Section 138 of the Negotiable Instruments Act arise from the same loan transaction and involve the same parties, the court may direct clubbing of complaints for joint trial to avoid multiplicity of proceedings and abuse of process of law.
Judgment Excerpts
By the present petition, filed by the petitioner under Article 226 and 227 of the Constitution of India prays that directions be issued to Judicial Magistrate First Class, Latur to club three complaints bearing STCC Nos.2317/2009, 2256/2009 and 2003/2009 together with each and be tried together.
Considering the submissions advanced by the learned respective counsel for the parties, it appears that the complaints in question arise from the same loan transaction and the parties are also same. Hence, to avoid multiplicity of proceedings and abuse of process of law, the said complaints deserve to be clubbed together and tried jointly.
Procedural History
The petitioner filed a criminal writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Judicature at Bombay, Bench at Aurangabad, seeking clubbing of three complaints under Section 138 of the Negotiable Instruments Act, 1881 pending before the Judicial Magistrate First Class, Latur. The court heard the parties and allowed the petition on 2nd August 2010.
Acts & Sections
- Negotiable Instruments Act, 1881: 138
- Code of Criminal Procedure, 1973 (CrPC): 219, 220
- Constitution of India: 226, 227
