SHIBI @ JIBY SHONY Vs. CHALAKUDY TOWN FINANCIERS

JUDGEMENT

(1.) The petitioner has been arrayed as accused in four complaints instituted by the 1st respondent herein, before the Judicial First Class Magistrate's Court-I, Chalakkudy, alleging offence punishable under Section 138 of the Negotiable Instruments Act. The four complaints in question are (1) S.T. No.2210/2015, (2) S.T. No.2380/2015, (3) S.T. No.3205/2015 and (4) S.T. No. 6548/2015. The petitioner is a lady and is teacher by profession. It is stated that 1st respondent, who is a money lending firm, is the complainant in all the four cases.

(2.) Anxs.A-2 to A-5 are the copies of the impugned complaints. According to the prosecution case, the petitioner and her husband had availed 3 loans from the complainant firm for a total amount of Rs. 20,88,000/- and due to default in making instalments of the loans, the complainant had issued single notice as per Anx.A-1 dated 21.2015, calling upon the accused to clear the entire dues in the 3 loans. It is further alleged by the complainant that on 14.2015, the complainant and her husband went to the complainant's office and issued 4 cheques of the petitioner and one cheque of her husband to clear the dues in the said 3 loan accounts. As per the complainant's case, there was due of Rs. 55,200/- in one loan account, Rs. 1,65,600/- in another loan and Rs. 7,72,800/- in the third loan. That none of the cheques were issued to clear any particular loan, but has been issued to clear the total liability covered by the single and composite notice as per Anx.A-1 dated 21.2015.

(3.) That the petitioner had filed separate applications before the learned Magistrate seeking joint trial of all the four cases by virtue of the provisions contained in Section 220(1) of the Cr.P.C. The court below passed Anx.A-6 order dated 14.11.2015 on Crl.M.P.No.12789/2016 in S.T.No. 2210/2015, as per which, the trial court has ordered to conduct joint trial of 3 cases viz., S.T.No.2210, S.T.No.2380/2015 and S.T.No. 3205/2015.