Vani Agro Enterprises Vs State of Gujarat & Anr. (Supreme Court)
Summary: The Supreme Court considered the appellant’s request concerning four complaints arising from four dishonoured cheques. The respondent no.2 had issued one notice under Section 138 of the Negotiable Instruments Act, 1881 in respect of the bouncing of all four cheques. The complaints were filed in 1999 and had remained pending for 20 years. The Court recorded that the proceedings had been delayed because of the appellant’s application seeking consolidation of all four complaints and their joint hearing. Even the evidence had not been recorded.
The principal contention was founded on Section 219 of the Code of Criminal Procedure. The appellant contended that, since the offences had taken place within a period of one year, the cases should be dealt with together. The Supreme Court observed that even if Section 219 were applicable, it permitted not more than three cases to be tried together. Consequently, four cases could not all be tried together under that provision and there would have to be two trials.
The appellant also contended that because a single notice had been issued in relation to all four cheques, separate trials should not take place and there should instead be one trial. The Court rejected that contention, observing that there was no provision for consolidation of cases in the Code of Criminal Procedure.
