Negotiable Instruments Act, 1881–Sec. 138–Code of Criminal Procedure, 1973–Sec. 482–Two cheques were issued to complainant from the firm–Thereafter, citing temporary finacial constraint, accused issued two additional cheques from the personal joint account–Personal cheques presented by the complainant were dishonoured–Thereafter, the cheques issued by the firm were also dishonoured–Two separate complaints–High Court quashed the complaint in regard to the cheques issued by the firm with observation that two parallel prosecutions, could not simultaneously stand–The cheques forming the subject of two complaints were distinct instruments drawn on different accounts, presented on different dates, dishonoured separetely, and followed by independent statutory notices–The Scheme of Sec. 138 does not bar prosecution in such circumstances–Whether the cheques were issued as alternative or supplementary instruments or represented fresh undertaking, is a disputed question of fact requiring evidence at the time of trial and cannot be resolved at the threshold–Question such as whether the firm’s cheques were issued in substitution of personal cheques, whether the parties treated them as alternative securities, and whether both intended to be simultaneously enforceable, are all mixed questions of facts–The inherent jurisdiction of the High Court u/s. 482 cannot be used to decide such disputed issues–Impugned order of the High Court is liable to be set aside.
