Case Note & Summary
The petitioner, Umakant Dattatray Chakkarwar, was being tried for dishonour of two cheques dated 21/10/2014 and 27/10/2014, each for Rs.80,000/-, issued towards discharge of a debt of Rs.1,60,000/- owed to respondent no.2, Nitin Suresh Bhoyar. The petitioner filed an application (Exh.31) before the learned Magistrate, Pusad, contending that as the cheques were of different dates and dishonoured on different dates, they gave rise to different causes of action, and therefore, two separate complaints ought to have been filed. The learned Magistrate rejected the application on 29/06/2017. The petitioner challenged this order before the Additional Sessions Judge, Pusad, by filing Criminal Revision No.14/2017, which was also dismissed on merits on 18/08/2017. The petitioner then filed the present criminal writ petition before the High Court challenging both orders. The High Court heard the counsel for the petitioner and respondent no.2, and perused the impugned orders and documents on record. The court observed that the cheques were issued towards the same debt and were presented within the period of limitation. The court held that separate causes of action do not necessarily require separate complaints; a single complaint for dishonour of multiple cheques is maintainable if the cheques are part of the same transaction. The court found no illegality or perversity in the impugned orders and dismissed the writ petition.
Headnote
A) Negotiable Instruments Act - Dishonour of Cheque - Section 138 - Clubbing of Offences - Single Complaint for Multiple Cheques - The issue was whether a single complaint for dishonour of two cheques of different dates is maintainable. The court held that separate causes of action do not necessarily require separate complaints; the complaint is maintainable if the cheques are part of the same transaction and presented within limitation. (Paras 2-5)
Issue of Consideration
Whether a single complaint under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of two cheques of different dates is maintainable when each dishonour gives rise to a separate cause of action.
Final Decision
The High Court dismissed the writ petition, upholding the orders of the Magistrate and the Additional Sessions Judge.
Law Points
- Section 138 of Negotiable Instruments Act
- 1881
- cause of action
- clubbing of offences
- separate complaints
- maintainability of single complaint for multiple cheques
