Single 138 section case for multiple cheques bounces against same party

Tilak Marg Forum for Legal Questions Forums Criminal Law Single 138 section case for multiple cheques bounces against same party

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    • #1830
      Anonymous
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      My client had got 7 cheques from a party and they were presented in bank within a period of about 10 days. All these 7 cheques have been dishonoured and returned to my client. I want to know if it is possible to file a single case under section 138 of the Negotiable Instruments Act or he has to file 7 different cases. The accused will be the same in all these cheques.

    • #1853

      Trial of an offence under Section 138 of the Negotiable Instruments Act is also conducted under the provisions of the Criminal Procedure Code (Cr.P.C.) subject to any special provision made in the N.I. Act itself.

      Now, Section 219 of the Cr.P.C. provides that when a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three.

      This means that a maximum of up to 3 offences can be tried together in one trial subject to above conditions.

      In your case, you have mentioned that there are 7 cheque bounce cases occurring within a period of 10 days against the same person. Therefore, in my opinion, you can club together these cheque bounce cases in groups of 3 cases in one trial. So, I think you can file a total of 3 cases (covering 3 + 3 + 1 cheque bouncing cases, respectively) by clubbing together cases in the above manner.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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