2 complaints for same offence; notice to be served on respondents

Chhatrapati Sambhajinagar: The Aurangabad Bench of the Bombay High Court comprising Justice Mangesh S Patil and Justice R M Joshi issued directives to serve a notice to the respondents after a petition was filed against lodging two complaints for the same offence. The next hearing on this petition has been placed on March 4, 2024.

According to details, a complaint was lodged against the petitioner Devidas Wagh for 'cheque bouncing' as he informed the bank to stop the payment of the cheque.

After six months, the same complainant lodged another complaint of cheating for the same incident of dishonouring the cheque.

Wagh filed a petition in the bench requesting it to quash the second complaint filed barely six months after the first complaint lodged for the same incident.

In the petition, Wagh stated that he had purchased onions from Saylee Wadge of Chaitanya Trading Company at Rs1265 per quintal.

It was arranged with Sanjay Pokharna, a trader, to sell his onions in the Dubai market. However, it was decided between them that if the onions were rejected, money would not be paid. The petitioner had given a cheque of 7.40 lakh to Pokharna as security. The shipping charges levied for onion export was Rs 8 lakh.

Meanwhile, Wagh has said in the petition that the onions were rejected in the Dubai market, so, he informed the bank to stop payment of the cheque.

Wadge filed the first complaint on February 23, 2023, against Wagh under section 138 of the Negotiable Instruments Act for dishonour of cheque as petitioner had informed the bank to stop the payment

After six months, another complaint of cheating under Sections 406 and 420 of IPC was made with Srigonda Police Station, on 11 June 2023, regarding the same incident. So, Wagh filed a petition through advocates R P Bhumkar and Ganesh Bhumkar, requesting to quash the second complaint. The court issued directives to serve a notice to the respondents.