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[Landmark Judgement] Unique Infoways (P) Ltd. V. MPS Telecom (P) Ltd. (2019)

Published on: December 29, 2023 at 12:40 IST

Court: High Court of Delhi

Citation: Unique Infoways (P) Ltd. V. MPS Telecom (P) Ltd. (2019)

Honourable High Court of Delhi has held that prosecution of Section 138 of the Negotiable Instruments Act, 1881 can be done for more than 3 Cheques. It is held that the provisions of Section 219 read with Section 220 of the Code of Criminal Procedure, 1973 permits a person to file one complaint against the Accused Person petitioners in for trial of dishonour of more than 3 Cheques which are part of the same transactions.

24. In which case it was held that the petitioner of that case could be tried on a single trial for dishonour of all the 27 cheques. 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 the accused persons as has been done in the instant case.

Drafted By Abhijit Mishra