Ni act sec 138 cheque bounce

satyadev (Querist) 13 April 2013 This query is : Resolved
dear sir i have filed three cases for three cheques ,against same person , and person is absconding arrest warrant also issues for four times , now i want to know whether all this 3 suits of same nature can be heard by court jointly as all 3 case in same court
as my advoacte now says for sec 82 & 299 CrPC application in all cases to file now
can file one application for all suits?how ?
please let me know .
thanks

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ajay sethi (Expert) 13 April 2013
you must have filed 3 complaints not 3 suits . make an application to court wherein your case is pending that in respect of said 3 cases facts are identical and that there should be one trial to save time

ajay sethi (Expert) 13 April 2013
Section 299 of the Code expressly provides for the power of the court to record evidence in absence of the
accused in the following term:
299. Record of evidence in absence of accused: (1) If it is proved that an accused person has absconded, and
that there is no immediate prospect of arresting him, the Court competent to try or commit for trial, such person for
the offence complained of, may, in his absence, examine the witnesses (if any) produced on behalf of the
prosecution, and record their depositions and any such deposition may, on the arrest of such person, be given in
evidence against him on the inquiry into, or trial for, the offence with which he is charged, if the deponent is dead
or incapable of giving evidence or cannot be found or his presence cannot be procured without an amount of
delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable.
(2) If it appears that an offence punishable with death or imprisonment for life has been committed by some
person or persons unknown, the High Court or the Sessions Judge may direct that any Magistrate of the first class
shall hold an inquiry and examine any witnesses who can give evidence concerning the offence and any
depositions so taken may be given in evidence against any person who is subsequently accused of the offence, if
the deponent is dead or incapable of giving evidence or beyond the limits of India

Sub-section (1) of the said provision is in two parts - the first part provides
for proof of jurisdictional fact in respect of abscontion of an accused person and the second that there was no
immediate prospect of arresting him.
In the event, an order under the said provision is passed, deposition of any witness taken in absence of an
accused may be used against him if the deponent is dead or incapable of giving evidence or cannot be found or
his presence cannot be procured without any amount of delay, expense or inconvenience which, under the
circumstances of the case, would be unreasonable.