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2026 Supreme(Online)(Ker) 16162

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
MINI K NAIR – Appellant
Versus
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR – Respondent
CRL.MC NO. 197 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.SREENATH VIJAYARAGHAVAN, SMT.AKHILA C., SHRI.GOVIND P.V.
For the Respondents: SMT.SHAHANAS SALMA ABBAS

The court's discretion allows the joint trial of multiple complaints under certain conditions to promote judicial efficiency.

Headnote:This judgment pertains to the Criminal Miscellaneous Case CRL.MC NO. 197 OF 2026 concerning the joint trial of three cases under Section 138 of the Negotiable Instruments Act, claiming that cheques issued by the petitioner were dishonoured. The Court found no legal prohibition against the consolidation of these cases under Section 242 of the Bharatiya Nagarik Suraksha Sanhita, 2023, leading to the decision to allow the joint trial to save judicial time. The Court asserted that the cases had been initiated within a year and involved the same parties, making them fit for a single trial to prevent conflicting orders and multiplicity of proceedings.

Table of Content
1. accused facing multiple complaints about dishonoured cheques. (Para 1 , 2)
2. joint trial permissible under conditions of similar offences. (Para 4 , 5)
3. court found joint trial justified to enhance judicial efficiency. (Para 6)

O R D E R Dated this the 10th day of March, 2026 The petitioner is the accused in S.T. Nos.450/2024, 485/2024 and 600/2024, which are pending before the Court of the Judicial First Class Magistrate-I, Perumbavoor ( Trial Court) and filed by the 2nd respondent alleging the commission of the offence under Section 138 of the Negotiable Instruments Act.

2. The petitioner has stated in the Criminal Miscellaneous Case that, the above three complaints have been filed alleging that four cheques issued by the petitioner in favour of the 2nd respondent have got dishonoured and, thereby, the petitioner has committed the above offence. The petitioner accordingly filed an application for consolidation and joint trial of the three complaints. The 2nd respondent filed a formal objection to the said application. However, by the impugned Annexure A6 order, the Trial Court dismissed the application on the finding that the transactions are different and are not part of the same cause of action. Therefore, the complaints cannot be tried jointly. Annexure A6 order is erroneous and wrong. Hence, the Crl.M.C.

3. I have the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel for the 2nd respondent.

4. Section 242 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ) empowers the court to order the joint trial of five cases where the offences are of the same kind and committed within the space of 12 months from the first to the last of such offences.

5. In the case at hand, the four cheques involved in the above three complaints were allegedly dishonoured in a space of three months, in one calendar year.

6. In light of the above, especially since the parties are the same and there is no legal prohibition in ordering the joint trial of the three complaints, which would save precious judicial time, avoid multiplicity of proceedings and conflicting orders, I am of the firm view that this is a fit case to exercise the inherent powers of this Court under Section 528 of the BNSS , and order the joint trial of the cases.

In the aforesaid circumstances, I allow the Crl.M.C., by setting aside Annexure A6 order and ordering the joint trial of S.T.Nos.450/2024, 485/2024 and 600/2024 on the file of the Trial Court. Considering the fact that the complaints are of the year 2024, the Trial Court is directed to consider and dispose the complaints in accordance with law and as expeditiously as possible.

Sd/-

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