Case Note & Summary
The petitioner, Puttanagouda, was being prosecuted in two separate cases under Section 138 of the Negotiable Instruments Act, 1881, namely C.C. No.2216/2021 and C.C. No.2215/2021, pending before the Senior Civil Judge and JMFC, Hangal. The respondent, Kubergouda, was the complainant in C.C. No.2215/2021, while Sri Channabasappa S/o Rudrappa Devihosur was the complainant in C.C. No.2216/2021. The petitioner filed an application under Section 219 of the Code of Criminal Procedure, 1973 (CrPC) before the trial court seeking a single trial of both cases, contending that the alleged offences were committed in the course of the same transaction within a span of 12 months. The trial court rejected the application by order dated 07/11/2022. The petitioner then filed a criminal revision petition (Cr.R.P. No.123/2023) before the Additional District and Sessions Judge, FTSC-I, Haveri, which was also dismissed on 11/04/2023. Aggrieved, the petitioner approached the High Court under Section 482 CrPC. The High Court examined the facts and found that both cases involved the same accused and that the cheques were issued in the same year and in the course of the same transaction. The court held that joint trial is permissible under Section 219 CrPC to avoid multiplicity of proceedings and the possibility of conflicting judgments. Accordingly, the High Court allowed the petition, set aside the orders of the trial court and the revisional court, and directed the trial court to try both cases jointly.
Headnote
A) Criminal Procedure - Joint Trial - Section 219 CrPC - Same Transaction - The petitioner-accused sought joint trial of two cases under Section 138 of the Negotiable Instruments Act, 1881, alleging that the offences were committed in the course of the same transaction within a span of 12 months. The trial court and revisional court rejected the application. The High Court held that the two cases arose from the same transaction and the same year, and therefore, joint trial is permissible under Section 219 CrPC to avoid multiplicity of proceedings and conflicting judgments. (Paras 1-6) B) Negotiable Instruments Act - Dishonour of Cheque - Section 138 - Same Transaction - The two complaints involved the same accused and the same complainant in one case, and a different complainant in the other, but both cheques were issued in the same year and in the course of the same transaction. The High Court allowed the joint trial, setting aside the orders of the courts below. (Paras 1-6)
Issue of Consideration
Whether two separate complaints under Section 138 of the Negotiable Instruments Act, 1881, involving the same accused and arising out of the same transaction, can be tried jointly under Section 219 of the Code of Criminal Procedure, 1973.
Final Decision
The High Court allowed the criminal petition, set aside the orders dated 07/11/2022 of the trial court and 11/04/2023 of the revisional court, and directed the trial court to try both C.C. No.2216/2021 and C.C. No.2215/2021 jointly.
Law Points
- Joint trial
- Section 219 CrPC
- same transaction
- same year
- Negotiable Instruments Act
- Section 138 NI Act
