2023 (11) TMI 745

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....rned Principal Sessions Jude, Budgam whereby the court has dismissed the revision petition filed by the petitioner herein. The petitioner is the accused and the respondent is the complainant before the trial court. 2. The main ground for impugning the orders is that a single complaint could not be filed for seven cheques which are stated to have been issued by the petitioner/accused as the cause of action for each cheque is different. In any case not more than three cheques could be the subject matter of the complaint if to be filed under Section 138 of the Negotiable Instruments Act as Section 219 (1) of the Code of Criminal Procedure ordains so. 3. The complaint stands filed against the petitioner herein wherein it is stated that th....

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.... together . - (1) 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. (2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Indian Penal Code (45 of 1860) or of any special or local laws: Provided that...." 7. Learned counsel appearing for the petitioner/accused has of course argued in terms of what has been pleaded in the present petition. 8. The main argument of the learned counsel for the petitione....

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....ch held that a single complaint is maintainable when different cheques on a single date are presented and a single notice was issued. The court further held that as the cheques are presented together on a particular day as per the averments of the complainant and that a consolidated notice giving rise to the same transaction was given, they are interlinked and interconnected together in series of fact to form the same transaction. 13. The cheques purportedly issued by the accused form part of a single transaction or different one cannot be finally determined by this Court at this stage though the complainant in the complaint mentions of issuance of cheques in pursuance to the transactions between him and the accused. The provisions of Se....