GHULAM HASSAN RATHER Vs. HAJI QAZIM ALI KHAN

JUDGEMENT

(1.) The petitioner herein has challenged the order dtd. 2/12/2020 passed by the trial court whereby the court has taken cognizance of the complaint filed under Sec. 138 of the Negotiable Instruments Act and the order dtd. 23/6/2023 passed by the court of learned 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 Sec. 138 of the Negotiable Instruments Act as Sec. 219 (1) of the Code of Criminal Procedure ordains so.

(3.) The complaint stands filed against the petitioner herein wherein it is stated that the seven cheques issued in favour of the complainant by the accused on different dates stand dishonoured when presented on the dates specified in the cheques. The memo regarding dishonour of cheques was returned on 2/11/2000. It is also submitted in the complaint that the legal notice was also issued to the accused for payment of cheques. Further that the parties were having business transaction of carpets for last five years and during course of the business an amount of Rs.12.00 lacs became due to the complainant and as a result of the same, the cheques in question were issued to the complainant drawn at the Jammu and Kashmir Bank, Gali Bajrang Bali, Chawri Bazar Delhi. The cheques were returned unpaid as sufficient funds were not available in the account of the accused.