Common demand notice in cheque dishonour cases supports a single Section 138 complaint despite multiple cheques.

Section 219 CrPC does not bar a single complaint under Section 138 of the Negotiable Instruments Act where multiple dishonoured cheques arise from the same transaction and are covered by a common demand notice. The cause of action for a Section 138 prosecution accrues only on failure to pay within fifteen days of receipt of the statutory notice, so the relevant trigger is the non-payment after notice rather than each dishonour as a separate joinder issue. On that reasoning, a complaint covering more than three such cheques was held maintainable, and the challenge to maintainability failed.

---

---

Issues: Whether Section 219 of the Code of Criminal Procedure, 1973 barred a single complaint under Section 138 of the Negotiable Instruments Act, 1881 in respect of dishonour of more than three cheques where a common notice of demand was issued.

Analysis: Section 219 of the Code of Criminal Procedure, 1973 permits joinder of not more than three offences of the same kind committed within twelve months. However, for an offence under Section 138 of the Negotiable Instruments Act, 1881, the cause of action arises only on failure to make payment within fifteen days of receipt of the notice contemplated by proviso (b), and Section 142(1)(b) permits the complaint only after such cause of action accrues. The Court relied on precedent holding that where the complaint is founded on a single demand notice, the relevant trigger is the notice and the ensuing default, not each individual dishonour as a separate joinder problem. The Court also noted that where the cheques arise from the same transaction and are covered by a common notice, a single complaint is maintainable.

Conclusion: Section 219 of the Code of Criminal Procedure, 1973 did not bar the single complaint, and the challenge to its maintainability failed.

Ratio Decidendi: For offences under Section 138 of the Negotiable Instruments Act, 1881, where multiple dishonoured cheques are covered by a common notice and arise from the same transaction, the complaint is governed by the cause of action arising on non-payment after notice, and Section 219 of the Code of Criminal Procedure, 1973 does not preclude a single complaint merely because more than three cheques are involved.

---