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2022 (3) TMI 313 - HC - Indian LawsDishonor of Cheque - discharge of legally enforceable debt or not - dishonour of different cheques and non-payment of that amount after receipt of notice - separate liability for different cheques - HELD THAT:- For language of Sections 219 and 220 Cr.PC, it is apparent that these Sections, as exceptions to general principle propounded in Section 218 of Cr.PC, are enabling provisions whereby two or more different offences may be tried together subject to confirming the ingredients required for that as provided in these Sections, but charging with and trying together by Court in these Sections is not mandatory and these previsions do not prohibit separate trial for different offences committed by an accused. The Court is at liberty to charge with and try the accused under Sections 219 and 220 Cr.P.C. in a single trial or in different trials, as normal Rule is separate trial for different and distinct offences committed by accused. In a case under NI Act, cause of action to file a complaint arises when the accused fails to make the payment of amount of money to payee/holder in due course of cheque within 15 days of receipt of notice issued within 30 days of dishonour of cheque. Prior to aforesaid period, there is no cause of action to complainant to prefer a complaint under Section 138 of NI Act. Different cheques, may be issued for discharging the liability, arising out of one and same transaction, are separate entities and dishonour of each and every cheque gives a right to complainant to issue notice to drawer in terms of Section 138 of NI Act and on failure to make payment within period prescribed in Section 138 of NI Act entitles the complainant to file a complaint with respect to such dishonour of cheque - Dishonour of different cheques and non-payment of that amount after receipt of notice constitutes a different offence. Therefore, complainant has right to file and maintain separate complaint for dishonour of each and every cheque on failure to make payment by payer after receipt of notice under Section 138 of NI Act. In present case, Notice of Accusation has already been put to accused in both complaints and complainant has already combined three cheques in one case and two cheques in another case and has filed only two complaints with respect to five cheques and liability of accused in both cases is different in nature as in one case cheques are stated to have been issued to discharge the debt of financial assistance provided by an individual, whereas, in another case cheques are stated to have been issued for discharging the liability towards the purchase of goods from sole proprietorship concern. There are no merits in petition and no illegality, irregularity or perversity in the impugned order - petition dismissed.
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