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2022 (9) TMI 382 - HC - Indian LawsDishonor of Cheque - service of statutory demand notices - commission of offences under Section 138 of the Negotiable Instruments Act - HELD THAT:- A perusal of the impugned complaints indicate that the respondent/complainant had sent statutory notices of demand to the petitioner through registered post. Learned counsel for the petitioner has submitted that the petitioner got an information under Right to Information Act, according to which, the notices have not been served upon the petitioner but the same have been served upon some other person - The question whether the statutory notices of demand were actually served upon the petitioner is a triable issue and a defence available to the petitioner which could not have been gone into by the learned trial Magistrate at the time of taking cognizance of the complaint and issuance of process against the petitioner. The ground urged by learned counsel for the petitioner is, therefore, without any substance. In most of the cheque bounce complaints, the basis is invariably a commercial transaction and if submission of learned counsel for the petitioner is accepted, then the provisions contained in Section 138 of the Negotiable Instruments Act would become redundant. Even otherwise, the contention raised by the petitioner can only offer a defence to him which can be considered only after the trial of the case. The instant petition is not otherwise maintainable as through the medium of instant petition, the petitioner has challenged as many as four complaints and four separate orders directing issuance of process against him by the trial court. A joint petition in respect of different causes of action is not maintainable. On this ground also, the petition deserves to be dismissed. Petition dismissed.
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