Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 15 August 2014

Application u/s 219 crpc.

Hi Friends...

One complainant filed 7 different complainants against same accused in different courts (without disclosing through sworn affidavit regarding earlier complaint in any supplement complaint), but these all complaints relates to single transaction and all cheques alleged to be issued as part payment of one principal amount. Accused wants to join all the complaint into single trial after appearing in all the cases u/s 219 CrPc with the help of Supreme Court judgement Damoder S Parbhu case. Is it possible or Apex Court ruled out its earlier said judgement ?

Please guide the situation..

Thanks.

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1 Replies

Ashok, Advocate (Lawyer at Delhi) 23 August 2014

Firstly, remember that under Section 219 of Cr.P.C., only up to 3 offences of the same kind occurring within the space of 12 months can be tried together in a single trial. In your case, there are 7 offences.

To answer your second query, the judgment of the Supreme Court in the case of Damodar S. Prabhu v. Sayed Babalal H., (2010) 5 SCC 663 : AIR 2010 SC 1907 : 2010 Cri LJ 2860, has NOT been overruled so far by any subsequent judgment of a larger Bench of the Supreme Court.

Thirdly, as per the recent (1^st August 2014) 3-Judge Bench decision of the Supreme Court in the case of Dashrath Rupsingh Rathod vs. State of Maharashtra [CRIMINAL APPEAL NO. 2287 OF 2009], a cheque-bouncing case can be filed ONLY in the court in whose jurisdiction the bank account exists on which the cheque was drawn (i.e., from which account, the cheque was issued). Therefore, if all the 7 cheques were issued from the same bank account, then all the 7 cases can be filed in the same court which has jurisdiction over the bank in which that account exists. These cases cannot be filed in different courts in such a case.