I am in respectful agreement with the view expressed by the Coordinate Bench of this Court in the case of Mohammad Shafi Mir (supra) that a joint complaint under the provisions of the Criminal Procedure Code or under the provisions of the NI Act is not maintainable.: Jammu Kashmir and Ladakh High Court
The Jammu Kashmir and Ladakh High Court passed a judgement on the 23rd of December, 2022 in which. This was seen in the case of Manzoor Ahmed Sofi vs Jaleel Ahmad Bhat & Anr (CRM(M) No.205/2020 CrlM No.716/2020). The case was presided over by The Honourable Mr Justice Sanjay Dhar.
FACTS OF THE CASE:
The petitioner has challenged the complaint filed by the respondent against him alleging the commission of an offence under Section 138 of the Negotiable instruments act. The respondents were contractors and the petitioners allotted some work to them in partnership. The petitioner gave three cheques to the respondents of Rs. 6 lacks, Rs. 5 lacs and Rs. 6 lacs but they weren’t encashed due to insufficient funds. The respondents served the joint legal notice but in spite of that the petitioner failed to discharge his liability.
The only ground which has been urged by the petitioner for impugning the complaint and the proceedings emanating therefrom is that a joint complaint on behalf of two or more person is not maintainable because the same is not contemplated either under the provisions of the Criminal Procedure Code or under the provisions of the NI Act.
JUDGEMENT:
the trial court is directed to proceed ahead with the impugned complaint to the extent of cheques issued in favour of respondent No.1-Jameel Ahmad Bhat and the proceedings to the extent of the cheque issued in favour of respondent No.2-Mohammad Rafiq Bhat shall stand quashed. It is provided that respondent No.2 shall be at liberty to avail appropriate remedy under law in respect of the cheque that has been issued in his favour. The above course of action is being ordered because of the fact that the value of the cheques issued in favour of respondent No.1 is more than the value of the cheques issued in favour of respondent No.2
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JUDGEMENT REVIEWED BY KRITI GUPTA