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2017 (1) TMI 521 - DELHI HIGH COURTJoint trial - offences in relation to dishonour of two cheques of the same date - Held that:- As per Section 219 Cr.PC, only three offences of the same kind within one year may be charged together. Thus, even if this court directs clubbing of the complaints together, there being seven cheques which got dishonoured, the petitioner will still have to face trials in three complaint cases as against five complaint cases. However, to seek this relief the petitioner ought to have approached the court in the first instance itself and not at a belated stage. The complaints were filed on 3rd January 2014 whereafter the petitioner was summoned and it entered appearance. However, the applications seeking clubbing of the complaints were filed only on 5th February 2016 after the right of the petitioner to cross examine was closed. Even though the contention of the petitioner is that the purpose of joint trial is to expedite the same however as noted above the right of the petitioner to cross-examine the witnesses had already been closed which was recalled and last opportunity granted. Hence at this stage, it is evidence that the application moved for clubbing the five complaints is not in expediency of a speedy trial but to further delay the trial. Finding no illegality in the order impugned warranting interference; this court is not required to exercise its discretionary remedy under Section 482 CPC.
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