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2017 (1) TMI 521 - DELHI HIGH COURT

2017 (1) TMI 521 - DELHI HIGH COURT - TMI - Joint 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 pe .....

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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. - CRL.M.C. 2321/2016 & Crl.M.A. .....

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881 (in short NI Act ) wherein the petitioner was also summoned as an accused. On the plea that the basis of all the five complaints was the same outstanding liability pursuant to a single transaction for which seven cheques were issued which bounced, the petitioner sought clubbing of the five complaints titled as Gemini Realtech Pvt. Ltd. & Anr. Vs. Renaissance Furniture Pvt. Ltd.(A-1) vide applications dated 5th February, 2016 which applications were dismissed by the learned Trial Court vi .....

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are different. Ld. Counsel for the accused/applicant has argued that if all these five matters are clubbed together, then considerable time and effort will be saved. However, I do not find myself to be in agreement with this argument. Since the particulars of the cheque in question, return memos as well as statutory legal notice involved in this case are different from particulars of the cheques in question, return memos as well as statutory legal notice involved in the other four matters, I am .....

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NI Act were also sent separately to the accused, no useful purpose would be served by clubbing all the five mattes together. I also place reliance upon the case of Rajendra Chaudhary Vs. State of Maharashtra 2007 Cr LJ 844 in this regard wherein it has been held by the Hon ble High Court of Bombay that each tender of a cheque and its dishonour gives rise to separate cause of action subject to a condition that separate notices are issued in respect of each of these cheques…. However, in a .....

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nected to form one or same transaction they should be tried together at one trial. It is submitted that clubbing of the complaints would facilitate the speedy trial which is the mandate of NI Act besides Articles 13A, 21 and 14 of the Constitution of India. The finding of the learned Trial Court that the cheques in question, dates of their issuance, amounts of cheques in question, return memos, statutory legal notices and amounts claimed being different, clubbing of the five matters would result .....

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2 Cr.P.C. should be used sparingly and there being no illegality/perversity in the impugned order, this Court will refrain from interfering with the same. Reliance is placed on the decision of the Supreme Court reported as 2011 Crl.L.J. 89 State of Maharashtra & Ors. Vs. Arun Gulab Gawali & Ors.. It is further contended that the principles laid down in Sections 219, 220 and 223 Cr.P.C. are not applicable to the facts of the present case as dishonour of each cheque is a separate cause of .....

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spondents further submits that the applications filed by the petitioner were yet another dilatory tactic. Till date more than 30 dates have been given on the asking of the petitioner for which twice costs has also been imposed on it. Thus, to say that clubbing of the five complaints would speed up the trial ensuring the constitutional right of the accused is only a farce. 5. This Court in Rajesh B. Bhatia (supra) held as under:- 15. Section 218 of Cr.P.C. provides that for every distinct offence .....

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f the Cr.P.C. and which exceptions are based on rational principles. In Section 219 of the Cr.P.C., joint trial for offences of the same kind not exceeding three in number and committed within a period of 12 months is permitted for avoidance of multiplicity of proceedings. Section 220 of the Cr.P.C. permits of one trial even if many offences are committed, if such offences form part of the same transaction; the rationale for such an exception being that in such circumstances, separate trials may .....

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ith each other. 6. Sections 219, 220 and 223 of Cr.P.C. read as under- Section 219. Three offences of same kind within year may be charged together.- (1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three. (2) Offences are of the same kind when they are pun .....

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fence of the same kind as an attempt to commit such offence, when such an attempt is an offence. 220. Trial for more than one offence.- (1) If, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence. (2) When a person charged with one or more offences of criminal breach of trust or dishonest misappropriation of property as provided in sub-section ( .....

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hem may be charged with, and tried at one trial for, each of such offences. (4) If several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence, the person accused of them may be charged with, and tried at one trial for the offence constituted by such acts when combined, and for any offence constituted by any one, or more, of such acts. (5) Nothing contained in this section shall affect section 71 of the Indian Pena .....

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s accused of different offences committed in the course of the same transaction; (e) persons accused of an offence which includes theft, extortion, cheating, or criminal misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been transferred by any such offence committed by the first named persons, or of abetment of or attempting to commit any such lastnamed offence; (f) persons accused of o .....

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ormer part of this Chapter shall, so far as may be, apply to all such charges: Provided that where a number of persons are charged with separate offences and such persons do not fall within any of the categories specified in this section, the 1[Magistrate or Court of Session] may, if such persons by an application in writing, so desire, and 2[if he or it is satisfied] that such persons would not be prejudicially affected thereby, and it is expedient so to do, try all such persons together. 7. It .....

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matter. 8. In the decision Rajnish B. Bhatia (supra) this Court upheld the order of the learned Trial Court wherein the prosecution made request that since the witnesses in the two trials were common, it was expedient to try both the cases together as larger conspiracy was involved. Even in Morgan Tectronics Ltd. (supra) relied upon by learned counsel for the petitioner, this Court clubbed only two complaints where the complainants were common and refused to club the complaints of different comp .....

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