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2024 (2) TMI 611 - HC - Indian LawsDishonour of 5 Cheque - admissibility of joint trial - cheques were issued by the husband and wife for the same cause of action - insufficiency of funds - whether filing single complaint is maintainable, instead of filing 5 complaints, for 5 cheques? - HELD THAT:- The Hon'ble Supreme Court in the DAMODAR S. PRABHU VERSUS SAYED BABALAL H. [2010 (5) TMI 380 - SUPREME COURT] has held "(B) Dishonour of cheque - Cheques issued in one transaction - Filing of multiple complaints - causes tremendous harassment and prejudice to drawer of the cheque". It has held the complainant should file an affidavit stating that he has not filed any other complaint for the same cause of action. In another case by High Court of Andhra Pradesh, in case of Rajini Chandra Vs State of Andhra Pradesh [2010 (2) TMI 1324 - ANDHRA PRADESH HIGH COURT] has taken the similar view, that both the accused have committed same offence in the course of same transaction, as the transaction is arising out of land dealing for which advance was paid and after the settlement, the cheques were issued by both the accused towards discharging the liability which is of legally enforceable debt. Therefore, a joint trial can be conducted. Thus, when all the cheques were issued by the husband and wife for the same cause of action and cheques were dishonoured, a common notice was issued against the accused. Such being the case, instead of filing the multiple complaints, single complaint for dishonour of multiple cheques are maintainable. Therefore, the impugned order of dismissing of the complaint by trial court is liable to be set aside. Accordingly, answered the point raised above in favour of the complainant. This Criminal petition is allowed.
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