Delhi HC To Consider The Applicability Of Section 219 Cr.P.C. On Combining Several Cheques In Same Complaint Under Section 138 Of NIA

The Delhi High Court bench comprising Justice Anup Jairam Bhambani heard a petition under Section 418 of Cr.P.C. challenging the order of the trial court. The bench will consider the applicability of section 219 Cr.P.C. on combining several cheques in the same complaint under section 138 of NIA. The trial court had dismissed the complainant’s application under section 219 Cr.P.C. read with Section 322 Cr.P.C.

In the matter at hand, it has been submitted that there are two principal grounds of challenge to the order of trial court which are:

1) The respondent has combined alleged offences relating to 30 different cheques in the same complaint and this is not permissible as per Section 219 of Cr.P.C. 

2) The cheques range from Rs.1894 to 5 Lcs and since the allegations of dishonoring the cheques have been combined, it is difficult for the petitioner to seek compounding of offences under Section 320 Cr.P.C.

It has been submitted on behalf of the petitioner that 30 cheques in questions were issued towards refund of separate deposits made by respondent and the cheques bore different dates but a common notice under Section 138 of Negotiable Instrument Act was issued for all. It was further submitted taht the alleged dishonor comprises a separate offence and even if committed on the same date ( within the same year), not more than three such offences can be tried by way of a single complaint in view of section 219 Cr.P.C.

In the light of the aforementioned, the bench issued notice which was accepted by APP on behalf of the state. He submitted that the state wishes to make submission in the matter considering the question of law involved.

The bench directed the state to file the written submissions in 6 weeks and issued notice on the respondent which are to be returnable by the next hearing. The court further said that the replied have to be filed within 6 weeks and rejoinder would then have to be filed in 4 weeks.

The proceedings before the trial court are stayed till the next hearing before the high court.

CASE: GAURAV MITTAL V. STATE NCT DELHI THROUGH SHO & ANR

CRL. MC. 1544/2023

Remarks:

Section 219 in The Code Of Criminal Procedure, 1973 : Three offences of the same kind within a year  may be charged together.

(1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three.

(2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Indian Penal Code (45 of 1860 ) or of any special or local law: 

Provided that, for the purposes of this section, an offence punishable under section 379 of the Indian Penal Code (45 of 1860 ) shall be deemed to be an offence of the same kind as an offence punishable under section 380 of the said Code, and that an offence punishable under any section of the said Code, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence.