[S.219 CrPC] Joinder Of Charges Will Not Apply In Case Of Dishonored Cheques Where Consolidated Demand Notice Is Given By Complainant: J&K High Court

The Jammu and Kashmir High Court has held that a single complaint for multiple dishonoured cheques is maintainable if a consolidated legal notice was issued and the cause of action arises from a single transaction.

The court held that a single cause of action arose for all four cheques in favor of the respondent for filing a complaint against the petitioner upon the expiry of fifteen days from the date of service of the notice of demand.

The court held that the cause of action does not arise at the time of issuance of the cheque or upon its dishonour. The court added that cause of action arises when the accused fails to make payment 15 days after the demand notice is served.

A bench of Justice Sanjay Dhar held that the complainant had issued and served upon the petitioner a joint notice of demand in respect of all four dishonored cheques, calling upon him to make the payment for all four cheques within fifteen days of receipt of the notice of demand. Thus, a single cause of action arose in favor of the respondent for filing a complaint.

The court also held that there would be no occasion for the joinder of charges in this case, considering the fact that only one offence was constituted against the petitioner and not four distinct offences. The court stated that when the petitioner failed to pay the amount to the respondent after the expiry of fifteen days from the joint consolidated notice, only one offence was committed.

The court relied upon Pawan Dhanpatrai Malhotra vs. Mahender Khari, 2024 SCC OnLine Del 3951, wherein it was held that a single complaint can be maintainable in respect of more than three dishonored cheques where a consolidated demand notice is issued by the complainant to the accused.

BACKGROUND:

The respondent/complainant filed a complaint under Section 138 of the Negotiable Instruments Act against the petitioner before the Special Mobile Magistrate. The respondent had paid ₹20 lakhs to the petitioner for the purchase of land, which he later sought as a refund after discovering that the said land was mortgaged. The petitioner issued four cheques of ₹5 lakhs each, which were dishonored when presented at the bank by the respondent. The respondent issued a joint demand notice concerning all four cheques and subsequently filed a joint complaint, which was challenged by the petitioner in the instant case.

The court held that the filing of the joint complaint was permissible where a joint demand notice was issued, and a single cause of action arose concerning all the dishonored cheques when the petitioner failed to deposit the amount after the period of fifteen days.

The court found the petition without merit and dismissed the same.

APPEARANCE:

M. Amin Khan, Advocate FOR Petitioners

Syed Sajad Geelani, Advocate. FOR Respondents

Case-Title: FAYAZ AHMAD RATHER vs TARIQ AHMAD WANI

Citation: 2025 LiveLaw (JKL) 57

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