Cheque Bounce Law

  • Legal Solutions
  • Cheque Bounce Home
  • Contact
You are here: Home / India / SC: Control of multiple complaints by the Complainants

SC: Control of multiple complaints by the Complainants

May 12, 2013 By LegalSolutions.in Leave a Comment

In the matter of Damodar S.Prabhu vs Sayed Babalal H. (2010)

… the Honorable Supreme Court has laid down as follows for controlling the filing of multiple complaints that are relatable to the same transaction:

It was submitted that complaints are being increasingly filed in multiple jurisdictions in a vexatious manner which causes tremendous harassment and prejudice to the drawers of the cheque. For instance, in the same transaction pertaining to a loan taken on an installment basis to be repaid in equated monthly installments, several cheques are taken which are dated for each monthly installment and upon the dishonor of each of such cheques, different complaints are being filed in different courts which may also have jurisdiction in relation to the complaint.

In light of this submission, we direct that it should be mandatory for the complainant to disclose that no other complaint has been filed in any other court in respect of the same transaction. Such a disclosure should be made on a sworn affidavit which should accompany the complaint filed under Section 200 of the CrPC. If it is found that such multiple complaints have been filed, orders for transfer of the complaint to the first court should be given, generally speaking, by the High Court after imposing heavy costs on the complainant for resorting to such a practice. These directions should be given effect prospectively.

Filed Under: India, Law, Precedents

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Search

Recent Posts

  • Supreme Court: Place to file complaint in case of Cheque Bounce matter
  • SC: Liability in case of Joint Account Holders
  • Judgment: Supreme Court lays down guidelines for speedy disposal of Cheque Bounce cases
  • Judgment: Indian Bank Association Versus Union of India PIL SC WP(C) NO.18 OF 2013 (21 April 2014)
  • Cheque Bounce Case can be settled at any stage: Delhi High Court

Categories

  • Bare Act
  • Basics
  • Cyprus
  • India
  • Law
  • News
  • Oman
  • Pakistan
  • Precedents
  • Press Release
  • Qatar
  • RBI
  • UAE
  • UK

Copyright © 2022 · LegalSolutions.in · Log in