2014 CRI. L. J. 2908 ::2014 ACD 529 (P&H) ::(2014) 1 CivilCourtC 379 ::2014 (1) RecCivR 282 ::2014 (1) RecCriR 233 ::(2014) 1 AllCriLR 617 ::(2014) 2 CurCC 284 ::(2014) 3 BankCas 135 ::2014 (1) NIJ 554 ::2015 AllMR(CRI) 193

Punjab And Haryana High Court

Hon'ble Judge(s): Hemant Gupta, Fateh Deep Singh , JJ

Negotiable Instruments Act (26 of 1881) , S.138— Dishonour of cheque - Multiple cheques - Consolidated single notice issued tantamount to commission of a single offence under Section 138 after prescribed period of receipt of notice - Therefore, a single complaint will be maintainable for all these dishonoured cheques. Though, it is explicitly clear under the provisions of Section 218 (1), Cr. P. C., which provides that for every distinct offence of which any person is accused, there shall be a separate charge and every such charge shall be tried separately. Section 220(1), Cr .P. C. states that if in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with and tried at one trial for every such offence. Section 220(1) and Section 223(d), Cr. P. C. constitutes an exception to Section 218 as well as Section 219 (2), Cr. P. C. Since Section 220, Cr. P. C. is an enabling provision, therefore separate trials in respect of the offence charged are not barred. However, where series of acts are so connected together forming same transaction, accused can be tried in one case by the Court. All the ten cheques have been simultaneously presented to the banker on the same day and dishonour so effected on the same very day for all the cheques, regarding which a consolidated noti....