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A.K.BASHEER
Sidhardhan – Appellant
Versus
Prasannan – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:J. Jayakumar, Advocate.
For the Respondent:P. B. Suresh Kumar (Amicus Curiae), M. Dinesh & Basant Balaji, Advocate.

Order

A.K. Basheer, J.—The petitioner is being prosecuted for an offence punishable under Section 138 of the Negotiable Instruments Act in two cases C.C. No. 929/2003 and C.C. No. 95/2004— on the file of the Judicial Magistrate of First Class, No. 1, 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









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