Delhi High Court has held that one complaint case for dishonor of several cheques is maintainable and Section-219 CrPC is not an impediment for the same.

A bench of Justice Anu Malhotra has passed the judgment in case titled UNIQUE INFOWAYS PVT. LTD. vs M/S MPS TELECOM PRIVATE LIMITED on 14.03.2019.

The accused no. 1 under the signatures of other accused persons towards the outstanding balance payment of the above mentioned amount, had issued several cheques to the tune of Rs. 97,75,000/- (Rupees Ninety Seven Lacs Seventy Five Thousand only) all drawn on HDFC Bank, 89, Hemkunt Chamber, Nehru Place, New Delhi – 110019 towards discharge of existing legal liability.

Magistrate took cognizance of the matter. Accused taken the matter to the High Court where they proposed several arguments on of which was “That a single complaint filed for the dishonour of six cheques could not have been considered by the learned Trial Court in terms of Section 219 of the CrPC”.

As regards the contention raised on behalf of the petitioner herein that in relation to the six cheques adverted to herein above, there was only one criminal complaint that had been filed i.e. CC No. 1529/2015 out of which the impugned order arises, in relation thereto, the High Court found it is essential to refer its earlier judgment Sharma Contracts India Pvt. Ltd. V. State & Anr. (2012) SCC Online Delhi and that of Bombay High Court in Rajasthani Trading Co. v. Chemos International Limited II (2001) BC 426.

The High Court then observed “Since the contention of the respondent herein is that all the six cheques which form the subject matter of the complaint case No. 1529/2015 have been given in relation to the same transaction, it is apparent that Section 219 of the CrPC, 1973 would not be an impediment to the summoning of he accused persons as has been done in the instant case".

Finally the High Court negated the challenge.

Read the judgment here:

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