TMI Blog2017 (1) TMI 521X X X X Extracts X X X X X X X X Extracts X X X X ..... y 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. 9712/2016, CRL.M.C. 2324/2016 & Crl.M.A. 9725/2016, CRL.M.C. 2325/2016 & Crl.M.A. 9727/2016, CRL.M.C. 2652/2016 & Crl.M.A. 11357/2016, CRL.M.C. 2653/2016 & Crl.M.A. 11359/2016, - - - Dated:- 6-1-2017 - MS. MUKTA GUPTA J. Petitioner Represented by: Mr. P.K. Dubey, Mr. Arjun Mahajan, Mr. Puneet Relan, Mr.Mridul Yadav, Advs. Respondents Represented by: Mr. Rakesh Kumar Singh, Mr. Deepak Panwar, Advs. 1. Five complaints were filed by the respondents under Section 138 of the Negotiable Instruments Act, 1881 (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 compl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ttracting provisions of Section 219 of the Code. 3. Before this Court, learned counsel for the petitioner contends that the impugned order has been passed in violation of Sections 219, 220 and 223 Cr.P.C. which provides that when offences are committed in the course of same transaction or are so connected 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 in confusion is erroneous and illegal. Reliance is placed on the decisions of this Court reported as 2003 SCC OnLine Del 323 Gulshan Kumar Ahuja Vs. Veena Sharma, 2010 SCC OnLine Del 1876 Morgan Tectronics Ltd. Ors. Vs. State Ors., 2011 SCC OnLine Del 3112 M/s Indian Sulphacid Industries Ltd. Vs. M/s Emmsons International Ltd. and 2015 SCC OnLine Del 11862 Rajnish B. Bhatia Vs. CBI O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 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 lead to conflicting judgments. In case of any doubt about what offence has been committed, Section 221 of the Cr.P.C. permits of framing of any number of charges which could be tried together, provided the offences are connected and the accused could also be convicted for an offence with which he is not expressly charged but might have been charged. Section 223 of the Cr.P.C. permits of a joint trial of several persons in specified cases, where various offences committed by them are connected with 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffence; (c) person accused of more than one offence of the same kind, within the meaning of section 219 committed by them jointly within the period of twelve months; (d) persons 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 offences under sections 411 and 414 of the Indian Penal Code (45 of 1860) or either of those sections in respect of stolen property the possession of which has been transferred by one offence; (g) persons accused of any offence under Chapter XII of the Indian Penal Code (45 of 1860) relating to counterfeit coin and persons accused of any other offence under the said Chapter relating to the same coin, or of abetment of or attempting to commit any such offence; and the provisions contained in the ..... 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