K GOVINDARAJ Vs. ASHWIN BARAI

JUDGEMENT

(1.) THIS is a petition filed by the petitioner/accused under Ss. 482 and 483, Cr.P.C. to set aside the order dated 28.3.1995 made in Crl. Revision Petition No. 15/94 on the file of Principal Sessions Judge at Pondicherry with reference to C.C. No. 230/92 on the file of Judicial Magistrate, Pondicherry.

(2.) THE material allegations in the petition are as follows:- The respondent had preferred a complaint against the petitioner for an offence under Section 138 of the Negotiable Instruments Act, before the Judicial Magistrate, Pondicherry in C.C. No. 230 of 1992 and the learned Magistrate had framed charges against the petitioner. The petitioner aggrieved by that had preferred a Criminal Revision Petition No. 15/94 before the Principal Sessions Judge, Pondicherry under Section 397(1) Cr.P.C. to revise the charges framed by the Judicial I Class Magistrate, Pondicherry and also to discharge the accused from the case in C.C. No. 230/92 on the file of the Judicial I Class Magistrate, Pondicherry. The Judicial I Class Magistrate, Pondicherry had violated Section 219, Cr.P.C. inasmuch as the learned Magistrate had taken cognizance of offences pertaining to the dishonour of six cheques in one single complaint filed in the case referred supra. The same is not only contrary to law but also it is illegal. The learned Principal Sessions Judge, Pondicherry while disposing the Criminal Revision Petition 15/94 dated 28.3.1995 in his order had dismissed the Revision Petition filed by the petitioner and also held that the Judicial Magistrate I Class, Pondicherry did not violate Section 219, Cr.P.C.

(3.) POINT :- The learned counsel for the petitioner seriously contended that the respondent has filed a complaint before the trial Magistrate on the basis of six dishonoured cheques, and that cannot be done because the dishonour of each cheque will give a separate cause of action for filing a complaint under Section 138 of Negotiable Instruments Act and in all the three dishonoured cheques can be brought into the penal action under Section 138 of Negotiable Instruments Act, and this is made clear in the provision of Section 219, Cr.P.C., and in those circumstances, the order passed by the Principal Sessions Judge, Pondicherry in Crl. Revision Petition No. 15/94 dated 28.3.1995 must be set aside.