Single complaint for multiple bounced cheques by spouses for same transaction is maintainable

The Karnataka HC held that a single complaint for dishonour of multiple cheques issued by husband and wife for the same cause of action is maintainable, rather than filing separate complaints for each cheque. The court relied on SC precedent in Damodar S. Prabhu v. Sayed Babalal H., which established that filing multiple complaints for cheques from one transaction causes harassment to the drawer. The HC noted that joint trial is permissible when both accused committed the same offence in the same transaction for discharging legally enforceable debt. The trial court's dismissal order was set aside and the criminal petition was allowed.

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Issues Involved:
The issue involves the maintainability of a single complaint for the dishonour of multiple cheques issued by the respondents on the same cause of action.

Summary:
The petitioner filed a petition under Section 482 of Cr.P.C. to quash the order of the trial court rejecting a complaint under Section 138 of NI Act for dishonour of 5 cheques. The trial court dismissed the complaint as not maintainable for dishonour of multiple cheques in a single complaint.

The petitioner contended that filing a single complaint for multiple cheques is maintainable under Section 219 of Cr.P.C. The petitioner cited judgments by the Hon'ble Supreme Court and Delhi High Court to support this contention.

The main consideration was whether a single complaint is maintainable for multiple cheques issued by the respondents on the same cause of action. The Hon'ble Supreme Court and High Courts of Andhra Pradesh, Punjab and Haryana, and Delhi have held that a single complaint is maintainable for multiple cheques issued in the same transaction. They emphasized the need for the complainant to disclose that no other complaint has been filed for the same transaction.

The High Court allowed the petition, setting aside the trial court's order and restoring the complaint for further proceedings. The court held that a single complaint for the dishonour of multiple cheques is maintainable when issued by the same parties on the same cause of action.

Separate Judgment Delivered:
No separate judgment was delivered by the judges in this case.

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