MORGAN TECTRONICS LTD Vs. STATE

JUDGEMENT

(1.) THE petitioners are facing prosecution/trial under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as Act, for short) in six different complaints filed by M/s. Super Enterprises, M/s. Shubham Traders, M/s. Decent Electronics and M/s. Trading Systems. The four complainants are partnership firms. M/s. Super Enterprises and M/s. Shubham Traders have filed two complaints each through their partner-Mr. D.P. Gupta. M/s. Decent Electronics and M/s. Trading Systems have filed one complaint each through their partners Mr.Parveen Gupta and Mr. Anuj Gupta, respectively.

(2.) THE petitioners herein had filed an application before the Trial Court with the following prayers :-

(3.) LEARNED counsel for the petitioners submitted that in view of Section 219 of the Code, the six complaints should be tried jointly as the accused i.e., the petitioners are same and the offence under Section 138 of the Act was committed within a span of 12 months from the date of the alleged first offence. He has submitted that for Section 219 it is immaterial that the complaints are by four different partnership firms. Learned counsel for the respondent/complainants on the other hand submitted that Sections 218 to 223 of the Code are not applicable as Chapter XVII, Part B relating to joinder of charges applies only to warrant cases and a charge is not framed under Chapter XX, which is applicable to summons cases. It is stated that notice under Section 251 of the Code is issued in summons cases.