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...payment received can be issued/signed/made only by Official Assignee and not applicant;(d) applicant shall not make remittance or payments or issue cheques more than three times in...a month and all supporting documents to be submitted to Official Assignee within 15 days of end of the month;(e) applicant will be permitted to withdraw not more than Rs. 5,000/- at...conditions:(a) applicant shall not open any bank account in any bank other than State Bank of India and the said savings bank account will be in the joint name of applicant and Official...
...Application No. 3058 of 2006 loan was advanced on 10.2.1996 and the cheque was issued after more than three years later on 5.2.2000. In Criminal Application No. 3059 of 2006 loan was given on 26.5.1997 and the cheque was is...the said applications by this common order. In Criminal Application No. 3057 of 2006 the loan was advanced on 23.7.1996 and the cheque was issued more than three years later on 24.2.2000. In Criminal...been issued more than three years later and the recovery was time...
...in a complaint. She submits that, therefore, not more than three cheques could have been consolidated in one complaint by the respondent herein.
5. The learned..., therefore, not more than three cheques can be consolidated into one complaint.
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6. On the other hand, the learned counsel for...Cr.P.C. shall not be applicable where the complaint is based on a single notice being issued under proviso (b) to Section 138 of the NI Act, though for more than three cheques.
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...were involved in this case and a single complaint cannot be filed for more than three cheques, since dishonour of each cheque would result in one offence.4. I have heard Mr. Udairaj...ground, viz., that five cheques were involved in this case and that a single complaint cannot be filed for more man three cheques, Justice Arunachalam had occasion to consider such a contention in Crl. O.P 8731,677...the Code of Criminal Procedure, in that more than three transactions within a year form part of this prosecution. The learned Judge proceeds further and has laid as follows:“On that ground, the impu...
...invoices for which cheques aforesaid are stated to be issued, even though the date of invoices against which the cheques were issued may be of more than three years prior to the institution of the suit, is...of Schedule 1 to the Limitation Act is Article 35. Thus, it has to be seen as to how many of the cheques, whether presented or not are of a date within three years prior to the institution...cheques not presented to be of a date within three years prior to the institution of the suit. Thus, the amount thereof only, total of which comes to Rs 8,02,070/- is within time The plaintiff would thus...
...against him in one trial. He contended that in as much as six cheques were involved separate trials are necessary, at any rate he contended that not more than three cheques could be brought within one...more offences than three. The only question therefore is whether Section 221 can be applied and that can be applied only if the issue of the six cheques can be said to be acts, so connected together as...of the charges framed against such person.Sec. 219. Three offences of same kind within year may be charged together.-(1) When a person is accused of more offences than one of the same...
...Sec. 138, Negotiable Instruments Act and finding that more than three cheques cannot be clubbed together. Assailing the finding, learned counsel further submitted that the...complaint and contended that more than three cheques cannot be filed in a single complaint and the learned Magistrate has rightly dismissed the same applying Sec. 219, Crl.P.C On the amount payable by...?10. Section 219, Crl.P.C contemplates joinder of charges. Under Sec. 219, Crl.P.C, when a person is accused of more offences than one of the same kind committed within the space of twelve months from...
.../- including the disputed one. All the three cheques were cleared by the Bank. Rs.859/- was less to clear all the three cheques. Two cheques were issued by the complainant in favour of BSNL and the dispute...hearing both the parties and on perusal of the case papers, we observe that on just before the clearing of all three cheques, i.e. 26.06.2007, credit balance of complainants account was Rs.27,292/- and to clear all three ...documents like pass-book entries and also letter from the State Bank of India, Branch at High Court premises, Ahmedabad. The Op. prayed that the complainant issued three cheques amounting to Rs.28,151...
...complaint the accused can be proceeded against for dishonour of maximum of three cheques and for offences committed in respect of more than three cheques, a separate complaint has to be registered...; (iii) A sum of `1,09,44,053/- was alleged to be due with interest and accused is said to have issued three (3) cheques for a sum of `25,00,000/- each dated 05.03.2014 and same had been returned...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...
...good number of Banker Cheques more than three years old were lying pending and have not been credited to Charge Account (Dex No. 5/1). The CSO was dealing with the compliance remarks of report on...instructed cancellation of the three banker cheques totaling Rs. 71,828/- and got them transferred to the Suspense Account of the Bank and, later, by preparing a general debit voucher, withdrew Rs. 71,828...are kept in custody of branch account as per bank's extant instructions. Shri Rastogi (ID 1687336), Sr. Spl Asstt has credited the proceeds of three banker Cheques No. 065821, 070259 and 065817 of Rs...
...Section 219 of Cr. P. C, not more than three offences of similar nature committed during the course of one year can be tried together. According to the petitioner, dishonour of each of the cheques constitutes...to whether a single
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complaint with regard to dishonour of more than three cheques is maintainable...than three cheques has been dealt with by various High Courts of this Country and it has been the consistent view of the Courts that a single complaint in respect of dishonour of more than three ...
...that in view of Section 219 Cr.P.C more than three cheques could not be clubbed together to file the complaint under...refer the same once again. The main contention of the learned counsel for the petitioner is that, in view of Section 219 of the Code of Criminal Procedure, more than three cheques could...orders and therefore all of them represent distinct causes of action. Similarly, he has argued that since more than three offences of the same kind within a year cannot be clubbed together, the petition...
...ground that, in view of the provision contained under Section 219 of Cr.P.C., more than three cheques cannot be clubbed together for filing a complaint under...more than three cheques cannot be clubbed together for filing a complaint, which is contrary to the view taken by Coordinate Bench of this Court as well as Division Bench of Hon'ble Madras High Court...revisionist, he had supplied petrol and diesel on credit to respondent no. 2. Respondent no. 2 issued five cheques amounting to Rs. 1,54,000/- for payment of price of petrol and diesel to the revisionist...
...vehemently that in each of the complaints more than three cheques are alleged to have been issued while under Section 219 of the Code of Criminal Procedure when a person is accused...of more offences than one of the same kind committed within the space of 12 months, he can be charged, and tried at one trial for, any number of them not exceeding three. To buttress this argument...V.S Aggarwal, J.:— Since common questions are involved, therefore, all the all three criminal revisions can be disposed of together.2. The relevant facts are that petitioner...
....3. The contention of the learned counsel appearing for the petitioner/accused is that as per Section 219 Cr.P.C, more than three cheques cannot be clubbed together in...per Section 219 Cr.P.C, more than three cases cannot be clubbed together. In that case 16 cheques were presented for collection and the same were returned dishonoured for...not more than that. Hence, he prays that the complainant has to be quashed.4. The learned senior counsel appearing for the respondent/complainant contended that the cheques have been...
...hearing both the parties and on perusal of the case papers, we observe that on just before the clearing of all three cheques i.e. 26.06.2007, credit balance of complainant's account was Rs.27,292/- and to clear all three ....
2. Smt. Kamla widow of Shri Shridas Mohta issued three cheques in the sum of Rs.1,562/-, Rs.1,499/- and Rs.25,000/-, total being Rs.28,151/-. However, Canara Bank cleared all these...was old one and having account for the last 25 years, therefore, the bank allowed temporary overdraft, of its own accord, for Rs.859/- and cleared all the three cheques...
...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....-
(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...and in any case in terms of Section 219 Cr.P.C, the complainant could file a single complaint for three cheques.
9. Learned counsel appearing for the respondents, on...
...that more than three cheques cannot be clubbed together. Assailing the finding, learned counsel further submitted that the parties went on trial and the Accused was explained of the charge and also...findings of the trial Court, learned counsel for Respondent / Accused made his submissions on the non-maintainability of the complaint and contended that more than three cheques cannot be filed in a single...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...
...219 of the cr.pc will not be a bar to prosecution on one complaint even if it involved more than three dispute cheques.
6. I also place my reliance on a decision of the Division Bench...can only try three offences of the same kind within year may be charged together and hence, there were a bar under the provisions of law for the consolidation, since the cheques were issued on.... However, sub-section (1) of Section 220 of the Cr.PC also makes it clear that if, in one series of acts so connected together as to form the same transaction, more offences than...
...cheques, each Rs.23,670/-, there was no other due and payable. However after lapse of more than three years from the date of advancing the loan, the blank cheques have been misused and presented for...issued along with the other 12 postdated cheques to discharge the loan amount through EMI of Rs.23,670/-. The statement of accounts/Ex.P9 issued by the complainant clearly indicates that except three...-examination. The accused contended that 12 postdated cheques were given towards the loan amount of Rs.2,00,000/-, which was sanctioned by the the complainant and a blank cheque has also been given as security...