SIDHARDHAN Vs. PRASANNAN

JUDGEMENT

(1.) The petitioner is being prosecuted for an offence punishable Sub-section 138 of the Negotiable Instruments Act in two cases - CC. No. 323/2003 and CC. No. 95/2004 -- on the file of the Judicial Magistrate of First Class, No. I, Attingal. Respondents 1 and 2 respectively are the complainants in the above cases. The petitioner moved two applications before the trial court under Sections 219 and 220 of the Code of Criminal Procedure for a single trial of the two cases, since according to the petitioner, the alleged offences in the two cases were committed within a span of one year. The learned Magistrate dismissed the applications holding that the prayer made by the petitioner cannot be granted in the facts and circumstances of the case. The said order passed by the learned Magistrate is under challenge in this Criminal Revision Petition.

(2.) Heard learned Counsel for the petitioner and the respondents as also Sri. P.B. Suresh Kumar who was requested to assist the court as amicus curiae.

(3.) Section 219 postulates that 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. It is contended on behalf of the petitioner that the learned Magistrate ought to have allowed the application in view of the unambiguous provisions contained in Section 219 of the Code. It is submitted by the learned Counsel that the offence alleged against the petitioner in the two cases is one and the same viz., Sub-section 138 of the Negotiable Instruments Act. Referring to the issuance of the two cheques in the two complaints, it is contended by the learned Counsel that an offence of the same kind was allegedly committed by the petitioner within a space of 12 months. Though the complainants in the two cases are different, the offence being of the same kind , the learned Magistrate ought to have allowed the applications.