Radha Krishna Dang vs Indrajeet Bilandi

H.R. Panwar, J.—By the instant criminal misc. petition u/s 482 Cr.P.C, the petitioner has challenged the order dt.08.03.2006 passed by Additional Sessions Judge, Raisingh Nagar, Distt.Sri Ganganagar (for short ''the revisional court'' hereinafter) whereby the revision petition filed by the petitioner against the order dt. 12.02.2004 passed by Judicial Magistrate, Vijaynagar, Distt.Sri Ganganagar (for short ''the trial court'' hereinafter), was dismissed.

I have learned counsel for the parties.

The petitioner is aggrieved only to the extent that the application filed by him u/s 219 Cr.P.C. came to be dismissed by the trial court and on revision, the revisional court dismissed the revision petition.

It is contended by learned counsel for the petitioner that there are three cases between same parties for the offence u/s 138 of the Negotiable Instruments Act, 1881 (for short ''the Act'' hereinafter) arising within the space of twelve months from the first to the last of such offence and, therefore, the accused-petitioner may be tried at one trial for three cases. According to the learned counsel for the petitioner section 219 Cr.P.C. provides 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 offences, whether in respect of the same person or not, he may be charged with, and tried to one trial for any number of them not exceeding three.

On careful perusal of the orders impugned, it appears that three cases being Cr.Case Nos.352/2001, 353/2001 and 354/2001 between the same parties and arose within the space of twelve months from first to the last of such offence and, therefore, in view of the provisions of section 219 Cr.P.C. the petitioner deserves to be tried at one trial for the aforesaid three cases.

Consequently, the criminal misc. petition is allowed. The orders passed by the trial court as well as the revisional court are set aside to the extent declining to try the petitioner at one trial for three criminal cases noticed above and it is directed that three Cr.Cases No.352/2001, 353/2001 and 354/2001 pending before the trial court be tried at one trial.