Criminal Procedure Code, 1973, Section 219 -- Clubbing of cases - Cross cases - Direction issued that in all cases where cross cases are registered or cases which have link with same incident, information thereof shall be furnished in chargesheet/challan/final report, whenever same is filed in Court - This enables Court concerned to take appropriate steps and get trials in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Joint trial - Two cases involving an offence u/s 138 of N.I. Act which are being prosecuted by two different complainants arising from separate causes of action cannot be tried together merely on the reason that accused person is the same in both the cases...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Joint trial - Three cheques were dishonoured and three notices were issued - There is no impediment in holding a joint trial - Plea of accused that single complaint for three cheques is not maintainable rejected...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Joint trial - Three cheques were dishonoured and three notices were issued - There is no impediment in holding a joint trial - Plea of accused that single complaint for three cheques is not maintainable rejected...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 220 -- Dishonour of eight cheque - Eight complaints - Joint trial - It is not obligatory for Court to hold joint trial, as S.220 Cr.P.C is an enabling provision - It is discretion of Court concerned to decide whether or not to order joint trial...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 220 -- Dishonour of eight cheques - Eight complaints - Joint trial - Cheques in question bear different dates and were presented and dishonoured on different dates - Statutory notices were also issued on different dates - Complaints were filed on different cause of actions pertaining..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 220 -- Dishonour of five cheques - Two complaints - Joint trial - Liability of accused in both the cases is different in nature as in one case cheques are stated to have been issued to discharge debt of financial assistance provided by an individual, whereas, in another case cheques..........
Criminal Procedure Code, 1973, Section 218, 219, 220, Indian Penal Code, 1860, Section 420 -- Single charge - Conviction u/s 420 IPC on 26 counts - Allegation that accused cheated in distinct transactions at different point of time spread over a period of three years - However, only one charge was framed and not even complaints were obtained from other victims - Conviction..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Applicability of S.219 Cr.P.C. - There is no bar to lodge a single complaint in respect of more than one offence punishable u/s 138 of the Act - Thus, S.219 Cr.P.C. would not apply to proceedings u/s 138 of the Act...........
Criminal Procedure Code, 1973, Section 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224 -- Charge - Alteration - Court can alter and rectify the charges - The only controlling objective while deciding on alteration is whether new charge would cause prejudice to accused, say if he were to be taken by surprise or if the belated change would affect his..........
