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VIVEK BHARTI SHARMA
Deepak Agarwal – Appellant
Versus
Navdeep Nagalia – Respondent
JUDGMENT (ORAL)
Vivek Bharti Sharma, J.—This is the criminal miscellaneous petition filed by the petitioner/accused in Criminal Complaint No.256/2020 (C.G.No.0348/2020) against the judgment and order dated 17.12.2024 passed by 1st Additional Sessions Judge, Rishikesh, District Dehradun in Criminal Revision No.24/2024 ‘Deepak Agarwal Vs. Navdeep Nagalia’.
2. By the impugned judgment dated 17.12.2024 of the Sessions Judge, the revision was dismissed thereby sustaining the order dated 05.07.2024 passed by the Judicial Magistrate, Rishikesh whereby the application of the petitioner /accused filed under Section 220 of the Cr.P.C. to consolidate the trial of criminal complaint no.348/2020, 349/2020, 350/2020, 351/2020 and 352/2020 was rejected. In all these criminal complaints, the petitioner is the accused and the respondent is the complainant and these complaints are filed to summon, try and punish the petitioner /accused for the offence under Section 138 of the Negotiable Instrument Act,1881 (for short “N.I. Act”).
3. The brief facts of the case are that respondent /complainant filed five complaints, as stated above, for summoning, trying and punishing the petitioner/accused for the o
Criminal complaints having same kind of offences can be consolidated for a single trial.
Joint prosecution for multiple cheque dishonours is permissible if they arise from a single transaction under the Negotiable Instruments Act and may be tried together as per the Code of Criminal Proc....
The court affirmed that complaints for similar offences within a 12-month period can be consolidated for trial under Section 219 of the Cr.P.C.
Joint trials are permitted under specific conditions; distinct causes of action prevent consolidation of cases.
Consolidation of criminal cases based on similarity of charges and common witnesses is permissible under Section 223 of the Cr.P.C.
The court's discretion allows the joint trial of multiple complaints under certain conditions to promote judicial efficiency.
The court has the power to order concurrent sentences under Section 427 of the Code of Criminal Procedure, especially when the convictions pertain to the same offence within a short span of time.
The court upheld the conviction under Section 138 of the NI Act, emphasizing the burden of proof on the accused to rebut the presumption favoring the complainant.
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