Gaurav Mittal Vs State NCT Delhi Through Sho & Anr. (Delhi High Court)
Summary: The Delhi High Court considered a petition filed by Gaurav Mittal under section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), challenging the order dated 18.01.2023 by which the Metropolitan Magistrate had dismissed the complainant’s application under section 219 read with section 322 Cr.P.C. The petitioner/accused was facing proceedings under section 138 of the Negotiable Instruments Act, 1881 in CC No. 7640/2020 filed by respondent No. 2/complainant.
The challenge raised two principal grounds. First, it was contended that the criminal complaint combined alleged offences relating to the return of 30 different cheques in the same complaint, which was impermissible in view of section 219 Cr.P.C. Second, because the cheques ranged from Rs. 1894/- to Rs. 5 lacs, the petitioner argued that combining all 30 dishonour allegations in one complaint made it impossible for him to seek compounding of the offences under section 320 Cr.P.C.
The petitioner further submitted that, as narrated in the complaint, the 30 cheques had been issued towards refund of separate deposits made by respondent No. 2. The cheques bore different dates, although they were dishonoured on the same date, and a common notice under section 138 of the Negotiable Instruments Act, 1881 was issued for all 30 cheques. On that basis, counsel argued that each alleged dishonour constituted a separate offence and that, even if the offences were committed on the same date, not more than three such offences could be tried by way of a single complaint under section 219 Cr.P.C. Counsel fairly pointed out that there were decisions both for and against the proposition.
