Supreme Court has rejected the challenge of accused who wanted one trial on the premise that only one legal demand notice was issued for four cheques and so separate trial could not have been conducted.
A bench of Justice Gupta and Justice Bose has passed the order in the case titled as VANI AGRO ENTERPRISES vs STATE OF GUJARAT on 05.09.2019.
The appellant herein is alleged to have issued four cheques to the respondent no.2 which allegedly bounced. The respondent no.2 sent one notice in terms of Section 138 of the Negotiable Instruments At, 1881 with regard to bouncing of all the four cheques. Thereafter, complaints were filed in the year 1999 and these complaints have dragged on for 20 years only on the application of the appellant herein that all the four complaints should be consolidated and heard together.
Supreme Court observed "The main ground raised is that in terms of Section 219 of the Code of Criminal Procedure since the offences took place during the period of one year, the cases should be dealt together. Even if Section 219 of the Code of Criminal Procedure was to apply, there have to be two trials because not more than three cases can be tried together even if they occurred in one year".
Supreme Court observed "The only other contention is that since one notice has been issued, four separate trials should not take place and one trial should take place. There is no provision of consolidation of cases in the Code of Criminal Procedure".
Supreme Court then observed "The only relief that can be granted to the appellant is that we direct the Trial Magistrate to fix all the four cases on one date so that it is convenient to both the parties to attend the hearing of all the four cases on one date".
However, the Supreme Court has issued a direction to the trial court to expeditiously dispose the case latest by the end of this year.
Read the Order here:
Picture Source :
