consolidated complaint for dishonour of two cheques is maintainable if those cheques were issued on different dates

It has been argued on behalf of the petitioner that a great prejudice is likely to be caused to the defence of the petitioner by such joinder of charges in one trial. This has been disagreed to the learned Counsel for respondent No. 2. I think, the learned Counsel for respondent No. 2 is right in expressing his such a disagreement. Reason being that the charge will be framed by the trial Court in such a manner as would contain two heads of offence relating to dishonour of two different cheques, and I would say that the trial Court would be well advised to do so. If this is done, the petitioner would get an ample opportunity to defend himself against the two heads of offence with which he would be charged in this case and would be in a position to prepare adequately on his defence. If it is the contention of the petitioner that the petitioner would like to advance two different kinds of defence for dishonour of these two separate cheques, even then, I do not think that any impediment in this regard would be encountered by the petitioner for the reason that the complainant would have to adduce evidence in a specific manner to prove these two different heads of offence and that will result in giving sufficient notice of allegations being made against the petitioner, which shall be enough for him to put up his different stands of defence in respect of these two separate offences. But, these two offences, as stated earlier, having been committed in one and the same transaction, would certainly require a joint trial with the aid of Section 220 of Cr.P.C., which is also a view taken in this case by the Courts below and rightly so.

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

Criminal Writ Petition No. 884 of 2017

Decided On: 06.02.2018

Umakant  Vs.  State of Maharashtra and Ors.

Hon'ble Judges/Coram:

S.B. Shukre, J.

Citation: 2019(2) MHLJ 618